Public Protector’s comments once again demonstrates poor understanding of the law
28 January 2020
The Democratic Alliance (DA) is not surprised by the statement delivered today by the Public Protector, Advocate BusisiweMkhwebane, which demonstrates once again that she has an exceptionally poor understanding of the law.
The public protector alleges that the recently-adopted National Assembly rules, which govern the process by which Parliament may remove the head of a Chapter 9 institution, are unconstitutional and unlawful. Among other things, she seems to be under the impression that Parliament’s duty to ensure that her office functions independently prohibits this institution from criticising her conduct or exercising its own constitutional powers to remove her.
Section 194 of the Constitution provides for the removal of the Public Protector or another head of a Chapter 9 institution on the grounds of misconduct, incapacity or incompetence. It provides for this removal to be done by way of a resolution of the National Assembly. The rules adopted by Parliament in December last year puts in place the rules in terms of which the National Assembly must conduct itself in the process of arriving at this resolution.
The DA believes that our motion, submitted and accepted in terms of the rules of the National Assembly, clearly sets out why Mkhwebane is not a fit and proper person to occupy the office of Public Protector, on the basis of misconduct, incapacity or incompetence.
The reality is that Mkhwebane has never enjoyed having her conduct scrutinised, and will fight tooth and nail to avoid being held accountable.
Mkhwebane’s latest statements only serve to prove how poor her understanding of the law is, underscoring the correctness of the DA’s call to have her removed as soon as due process allows.
Parliament can not and must not waiver in its commitment to proceed with the process it has set in motion. On our part, the DA certainly will not back down.
Issued by Natasha Mazzone, Chief Whip of the Official Opposition, 28 January 2020
