High Court dismisses Mkhwebane application to have impeachment rules declared unconstitutional

The ruling was handed down in Cape Town on Wednesday. 

However, the court also ruled that Mkhwebane would be allowed to have legal representation before the Section 194 committee.

Spokesperson Oupa Segalwe says the public protector's legal team is studying the judgment.

“It is already clear that two of the most important findings of unconstitutionality relate to the denial of legal representation before a Section 194 committee, established in terms of section 194 of the Constitution, as well as the unconstitutionality of the appointment of a judge to form part of an independent panel, which makes the trigger decision of the existence of a prima facie case." 

He has urged the National Assembly allow fair processes before implementation. 

"A call is accordingly made to the National Assembly to do the right thing and allow for the inevitable process of amending the rules before their lawful implementation. 

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."

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