Public Protector Mkhwebane shows disdain for Parliament and her role once again

13 September 2018

Tomorrow is the Public Protector, Adv Busisiwe Mkhwebane’s deadline for her to file papers in her challenge of the personal cost order made against her by the North Gauteng High Court.

In July, the Constitutional Court granted her direct access to challenge the constitutionality of the personal cost order, but not the damning findings of the court that set aside her recommendations in the ABSA/CIEX matter.

Indeed, these findings are central to the DA’s call for Parliament to hold an inquiry into the fitness of the Public Protector to hold office.

The DA has reliably been informed that Mkhwebane has written to Parliament and, once again, shown disdain for the Legislature and its constitutional powers and responsibilities.

In June, the DA submitted a formal request to the Speaker of the National Assembly, Baleka Mbete, to expedite these proceedings.

We now call for any and all correspondence between the Public Protector and Parliament to be immediately tabled in the Portfolio Committee on Justice and Correctional Services, once received.

The DA would like to remind Mkhwebane that Parliament has the duty and the right to hold her to account. Indeed, section 194 (1) of the Constitution details the conditions on which the Public Protector may be removed, which include:

(a) the ground of misconduct, incapacity or incompetence;

(b) a finding to that effect by a committee of the National Assembly; and

(c) the adoption by the Assembly of a resolution calling for that person’s removal from office.

Mkhwebane is set to appear before the Constitutional Court on 27 November 2018, but she will have to appear before Parliament long before that. No more delays can be tolerated.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice and Constitutional Development, 13 September 2018