Public Protector vs Parly: Speaker appeals Mkhwebane judgement

Parliament has confirmed that Deputy Speaker Lechesa Tsenoli has filed papers with the Constitutional Court, seeking to challenge a judgement by the High Court in the Western Cape that was in favour of Public Protector Busisiwe Mkhwebane.

The court found that part of Parliament’s impeachment rules are unconstitutional. In addition to ruling that Mkhwebane should be allowed legal representation during the probe, Judge Elizabeth Baartman also found that it was undesirable to appoint a judge to be on the independent panel that assesses the motion against the head of a Chapter Nine Institution (in this case, the Public Protector’s office).

Here’s a recap: Then National Assembly Speaker Thandi Modise had roped in a three-member panel to determine if there were merits to the lack of faith MPs have expressed in the public protector. Modise appointed Justice Bess Nkabinde as chairperson of the panel along with Advocates Dumisa Ntsebeza and Johan De Waal – they found that there was prima facie evidence of incompetence and misconduct on Mkhwebane’s part. This is what paved the way for the probe into her fitness for office.

Impeachment inquiry into Mkhwebane could be halted

Lechesa Tsenoli intends asking for Busisiwe Mkhwebane’s impeachment inquiry to be halted, pending the finalisation of the appeals process.

The public protector herself had called for the inquiry to be placed on hold, following the Western Cape High Court’s findings.

“The National Assembly should take the opportunity to rectify other weaknesses identified and criticised by the court, including those which may not necessarily have been declared unconstitutional at this stage. Any rushed process can only result in another wasteful, flawed and illegal outcome,” said Mkhwebane at the time.

A DA-spearheaded motion to institute an inquiry into the public protector’s fitness to hold office received overwhelming support. A total of 245 MPs voted in support of the motion while 40 were against it. The DA argues Mkhwebane’s independence and credibility have also been called into questions on a number of occasions and she has failed to inspire trust within the public.