Public Protector case: Mpofu questions separation of powers

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Public Protector Busisiwe Mkhwebane.
Public Protector Busisiwe Mkhwebane.
Jan Gerber, News24

Advocate Dali Mpofu honed in on an aspect questioned by two of the judges hearing Public Protector Mkhwebane's application to quash the National Assembly's rules for the impeachment of a Chapter 9 institution's head: the separation of powers.

The rules allowing the Speaker of the National Assembly to appoint an independent three-person panel, including a judge with the Chief Justice's approval, has received much attention in the three days of the trial.

The panel had to determine whether there was a prima facie case for removing a Chapter 9 head and report to the National Assembly, who must then decide whether or not to proceed with the impeachment proceedings.

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