Temporary reprieve for Busisiwe Mkhwebane on parliamentary action

Embattled public protector Busisiwe  Mkhwebane has been given more breathing space in terms of her possible removal from office through a parliamentary process.

This is after DA chief whip  Natasha Mazzone last week withdrew her motion calling for impeachment proceedings to be instituted against Mkhwebane and submitted a new one to be considered afresh by speaker Thandi Modise. 

On Tuesday,  parliament spokesperson Moloto Mothapo issued a statement confirming the latest developments.

“The withdrawal of the DA’s motion, which was tabled in December 2019, means that the attendant process that subsequently ensued, which includes the establishment of an external panel of experts to conduct a prima facie assessment of the motion, falls away,”  Mothapo said.

“Before the withdrawal of the earlier motion, the speaker was in the process of selecting qualified persons to serve on the panel and was due to announce their names by the end of this month.”

He said the speaker would now apply her mind to the new motion, to determine if it meets the requirements provided for in the rules of the National Assembly.

“The rules provide that if the motion meets the requirements, the next step would be to establish an independent panel of experts to make a preliminary assessment of the motion. 

“The panel members, who are nominated by political parties and appointed by the speaker, must be three fit and proper South Africans who, collectively, have the legal and other skills and experience to do this assessment,” Mothapo said.

Mazzone said it was necessary for her to withdraw her motion and submit a new one because she had new supplementary evidence to submit for the consideration of the independent panel. 

“I submitted the original motion in  early December [last year],” Mazzone said.

“Since then there has been another court case and there have been numerous affidavits that have been submitted to members of parliament regarding the fact that the public protector is not fit and proper to hold office.

“Now the rules of parliament were drafted in such a way that I submit a substantive motion with my evidence and then an independent panel investigates that evidence and decides whether or not the public protector is, in fact, fit and proper to hold office.”  

She said the rules meant everything she had received since December  could not be submitted to the panel.

Mazzone wants Mkhwebane removed  on the basis of misconduct and incompetence.

She has cited the negative ruling against her on the SA Reserve Bank report, and findings against her on the Vrede Dairy matter.

She has also argued that Mkhwebane is guilty of incompetence based on her conduct and work on the two reports — the Reserve Bank and Vrede Dairy matters.

Mkhwebane has previously slammed the move to remove her through the parliamentary process, saying it was unconstitutional and unlawful.

“I am advised that the rules are unconstitutional and unlawful, in that they amount to a violation of the constitutionally prescribed duty imposed on organs of state to protect the independence of Chapter 9 institutions,” she said at a media briefing last month.