The Star Early Edition

Casac calls out public protector

- MAYIBONGWE MAQHINA mayibongwe.maqhina@inl.co.za

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.

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Thandi Modise

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