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All parties will have a vote in Busisiwe Mkhwebane's impeachment committee

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Public Protector Busisiwe Mkhwebane
Public Protector Busisiwe Mkhwebane
Jan Gerber, News24
  • All parties will have a vote in the committee that will deal with Public Protector Busisiwe Mkhwebane's impeachment.
  • Speaker of the National Assembly Thandi Modise briefed the rules committee on her decision to review the composition of the Section 194 committee on Tuesday.
  • This comes after the UDM complained about smaller parties not having a vote. 

National Assembly Speaker Thandi Modise has amended the composition of the Section 194 committee that will deal with the impeachment of Public Protector Busisiwe Mkhwebane.

All parties will now be allowed a vote in the committee.

On 16 March, the National Assembly voted to impeach Mkhwebane.

READ | Hlophe withdraws from Busisiwe Mkhwebane's impeachment case

The UDM was among the parties that voted against the motion.

After that, Modise announced that the committee's 26 members were from each of the 14 political parties represented in the National Assembly.

Only 11 MPs will be voting committee members, and the remaining 15 will be non-voting members. Holomisa was among the non-voting members, while the ANC, DA, EFF, IFP and FF Plus had voting members.

Divergent views

READ | Mkhwebane believes she will be cleared of all wrongdoing after damning panel report

In a letter to Modise, Holomisa said political parties represented different constituencies and therefore held different positions.

He said it was important for these positions and divergent views to be reflected in all the decision-making processes of Parliament, starting with the committee process.

He accused the "so-called large parties" of arrogance and hubris.

According to Holomisa, it is "problematic, wholly undemocratic and unconstitutional" that smaller parties cannot vote in the Section 194 committee. He proposed a weighted voting system for all ad hoc and Section 194 committees.

But, at a National Assembly Rules Committee meeting on 5 May, the ANC, DA and FF Plus didn't support the idea.

Shortly after that meeting, Holomisa wrote to Modise again.

"I understand, after having been approached by the media for comment this afternoon, that the rules committee has considered the matter and has rejected the United Democratic Movement's proposal," he wrote.

"The UDM herewith urgently requests a formal letter from your office informing us of the outcome of the meeting, as well as a copy of the minutes of the aforementioned rules committee meeting with the purpose of seeking judicial review outside Parliament."

On Tuesday, the National Assembly rules committee met again.

Secretary to the National Assembly, Masibulele Xaso, said Modise sought advice and looked into Section 194 and the rules on Section 89, which deals with the impeachment of the president.

Modise then decided to review the membership of the Section 194 committee.

She said it became obvious that it would face problems if they treated it like any other committee.

"I don't think it will change much; it will strengthen democratic processes," Modise said.

The committee will now have 36 members, all with voting rights. The ANC will have 19 members, the DA four, the EFF two and all other parties one. However, the ATM has indicated that it does not want to participate.

An objection wasn't raised and the UDM welcomed the decision.

The matter will now be referred to a sub-committee for authorisation, but the committee can start its work in the meantime.

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