Casac calls out public protector
THE Council for the Advancement of the South African Constitution (Casac) said it is inappropriate for an individual accountable to Parliament to threaten the legislature for holding her responsible for their actions.
Casac executive director Lawson Naidoo made the statement after reports surfaced yesterday alleging that Public Protector Busisiwe Mkhwebane had in a letter threatened legal action if the process to remove her from office materialises.
“The public protector is once again overstepping her mark to tell Parliament how to conduct its business. The Constitution clearly says that Parliament must determine its own rules and procedures,” Lawson said.
The Sunday Times yesterday reported that Mkhwebane had accused National Speaker Thandi Modise of violating the constitutional laws for acceding to the DA’s proposal to resume the process of probing her fitness to hold office.
Parliamentary spokesperson Moloto Mothapo confirmed that Modise had responded. The newspaper quoted Mkhwebane saying: “Unlike in the case of the removal of judicial officers or the president, there are no rules specifically adopted by the National Assembly to deal with the removal of the public protector.
“Instead, the committee is given a free hand to adopt an unlawful and unconstitutional process where the public protector is simply called to a meeting and berated about cases that are pending in the Constitutional Court and the Supreme Court of Appeal.”
Cope spokesperson Dennis Bloem said: “She was appointed, recommended and voted in by Parliament. Parliament is the only structure that can remove her.”
He also said there wasn’t any legislation that made it feasible for Mkhwebane to dictate to the Speaker.
“This public protector is always on the wrong side of how she does her duties. Nobody knows why she is coming up with this thing of dictating to the Speaker of Parliament.”
In May, DA chief whip John Steenhuisen wrote to Modise requesting proceedings to remove Mkhwebane from office after the North Gauteng High Court set aside her report into the Vrede Dairy Project.
Last month, Modise referred the request to the justice and correctional services portfolio committee. This was as Mkhwebane was appealing the court ruling that was made against her.
Mkhwebane has insisted that it was within her right to lodge appeals to higher courts or petition the Constitutional Court and that those who took her reports on judicial review were wrong if they wanted to dent her credibility.