Parliament to discuss Protector’s fitness to hold office

2017-10-08 05:47
Public Protector Busisiwe Mkhwebane. (Pic: Netwerk24)

Public Protector Busisiwe Mkhwebane. (Pic: Netwerk24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Parliament will discuss Public Protector Busisiwe Mkhwebane’s fitness to hold office, an unprecedented move which comes barely a year after she took up the post on October 15 last year.

Chairperson of the National Assembly’s portfolio committee on justice Mathole Motshekga told City Press that his committee would this week deal with the DA’s request to institute proceedings intended to remove her from office.

The matter was referred to that committee by National Assembly Speaker Baleka Mbete and was published in Parliament’s official papers on September 28.

The DA is not only taking aim at Mkhwebane. It wants her deputy Kevin Malunga probed for alleged misconduct.

City Press understands that this week’s meeting will deal with the matter and also whether there is substance to the DA’s complaint.

“The committee will look at it next week and see how we address that in light of the matters that are already before the committee,” said Motshekga.

He said the committee’s programme for the rest of the year was full and included dealing with urgent pieces of legislation.

“Monday, I will go to Parliament, Tuesday do all the necessary consultation and also put the matter before the committee for consideration,” he said.

The DA wrote to Mbete last month, asking for the institution of a process to remove Mkhwe-bane.

It cited section 194 of the Constit-ution, which makes provision for the removal of a Public Prot-ector from office on the basis of “misconduct, incapacity or incompetence”.

Such a decision would however require the support of two-thirds of the National Assembly.

“It is our submission that the conduct of the Public Protector over the past 10 months has amply demonstrated that she is not fit to hold the office she currently occupies,” the DA said.

This included her “grossly over-reaching her powers” when she recommended that the Constitution be amended to alter the mandate of the SA Reserve Bank (Sarb), in her report on the Absa/Bankorp matter released on June 19.

The party cited Mkhwebane’s attempt to dictate to Parliament to whom she is accountable and how and when legislation should be amended.

In doing so she had displayed poor understanding both of the law and her own powers.

The party claimed Mkhwebane sacrificed her independence and impartiality when she consulted with the Presidency and the State Security Agency on remedial action to be recommended in the Absa/Bankorp report.

This was revealed in a supplementary affidavit which the Sarb filed in the North Gauteng High Court in Pretoria.

Mkhwebane has denied any wrongdoing.

The DA wants an inquiry into allegations that Malunga unlawfully terminated an investigation into fraud and irregular expenditure allegedly committed by Mondli Gungubele, the former mayor, and Khaya Ngema, former municipal manager, of the Ekurhuleni municipality.

The Public Protector’s office has previously said an internal inquiry was conducted after the complaint against Malunga was received.

“After considering all sides and verifying the evidence, the Public Protector decided not to refer the matter to the National Assembly for further action,” the Public Protector’s spokesperson, Cleo Mosana, said in July.

TALK TO US

Is the Public Protector fit to hold office? Do you think she is compromised?

SMS us on 35697 using the keyword PROTECTOR and tell us what you think. Include your name and province. SMSes cost R1.50

Read more on:    absa  |  da  |  baleka mbete  |  busisiwe mkhwebane  |  mathole motshekga

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

Inside News24

 
ADVERTORIAL
Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

/News
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.