Publications
- Parliament has informed President Cyril Ramaphosa it is proceeding with Public Protector Busisiwe Mkwhebane's impeachment.
- The Constitution entitles the president to suspend an impeached office bearer.
- Mkhwebane has indicated in court papers she would consider litigation if this were to happen.
National Assembly Speaker Nosiviwe Mapisa-Nqakula has officially informed President Cyril Ramaphosa Parliament is continuing with Public Protector Busisiwe Mkhwebane's impeachment proceedings, opening the way for Ramaphosa to suspend her.
Last month, the Constitutional Court effectively gave the Section 194 Committee, which handles the proceedings, the green light to continue with the impeachment as long as Mkhwebane will be allowed legal representation.
"The Speaker's letter to the president is being sent out of courtesy, as the president is responsible for the appointment and removal of heads of Chapter 9 institutions in terms of the Constitution," read a statement from parliamentary spokesperson Moloto Mothapo.
"This follows the committee's meeting on 22 February wherein the committee adopted the terms of reference which set out the parameters of the enquiry and where it resolved to continue with its consideration of the motion of removal of the Public Protector."
What the statement did not mention, is the Constitution gives Ramaphosa the power to suspend Mkhwebane while the impeachment process is underway.
He has previously indicated he would not do this while he was involved in litigation against Mkhwebane, as it would be a conflict of interest.
READ | ConCourt made 6 'errors' in ruling, says Mkhwebane in latest bid to halt her impeachment
However, that litigation ended last week when the Constitutional Court unanimously dismissed Mkwhebane's rescission application in the CR17 case.
Two days later, last Friday, Mkhwebane launched another rescission application against the ruling, which allows the impeachment to proceed.
In her accompanying affidavit, she seemed aware she could now be suspended by Ramaphosa and warned she would consider "protracted" litigation if this were the case.
"Although the president has persistently admitted that he was conflicted due to the ongoing litigation and/or investigations, in which I was involved, his incorrect view was that once such litigation was completed, the conflict would somehow disappear or evaporate," Mkhwebane wrote in her affidavit.
"I disagree with that assertion. In any event, even at present, it is public knowledge that I am involved in several sensitive investigations involving the president and/or senior members of his Cabinet.
"I am mindful of the fact that it might be necessary for me to launch interim court proceedings to deal with the threats above. I am merely raising them here solely in the context of illustrating exceptional circumstances."
Mkhwebane's term ends in October 2023.
After the Constitutional Court's ruling last month, she wrote to Parliament, indicating she would apply for rescission of the judgment.
The Section 194 Committee - named after the section of the Constitution dealing with the removal of Chapter 9 office bearers - received a legal opinion that it could go ahead until there is a court that directs them otherwise. It decided to act accordingly.
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