Mkhwebane hits back at attempts to remove her from office
Public Protector Busisiwe Mkhwebane has described her pending removal as an issue of grave concern.
Speaking during a media briefing in Pretoria on Tuesday, where she released investigation reports, Mkhwebane said she wants the “grossly unfair” process to be temporarily suspended until issues raised by her can be addressed.
This was Mkhwebane’s first public remarks since the motion to initiate proceedings for her removal from office was approved by National Assembly Speaker Thandi Modise.
Mkhwebane said she believes the parliamentary process is both “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.
"The rules also do not adequately provide the principle of listening to both sides of the story at all in their application and implementation. They breach the rights of heads of Chapter 9 institution, as provided for in section 34 of the constitution.”
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Mkhwebane added that she is being targeted due to her high-profile investigations.
"The public protector will touch the untouchables and touching a raw nerve no one will be happy when you investigate them and have a finding against them. That person will make sure that they possibly retaliate in whatever manner possible.
"This is a process in which, as an institution, we are saying let's not create a constitutional crisis as a country, It's not only about me it relates to all Chapter 9 institutions. Today it's the public protector, tomorrow it might be the head of the Human Rights Commission or the auditor-general."
She said the rules cannot be specific to her.
"I'm saying, let the rules be constitutional… let whatever they are coming up with be something which will be used by the country going forward."
Mkhwebane also expressed her unhappiness at Modise’s conduct, saying she made public pronouncements without informing her.
"To date, I have not heard from the speaker. This is a violation of my rights to dignity, privacy and confidentiality and has the effect of undermining the effectiveness of this very important constitutional institution."