Parliament notes High Court findings on Mkhwebane removal process
National Assembly Speaker Thandi Modise has noted the adverse findings of the Western Cape High Court on the parliamentary process to remove Public Protector Busisiwe Mkhwebane.
On Wednesday, the High Court said some rules calling for the removal of Chapter 9 institutions are unconstitutional.
“The Speaker welcomes the court’s dismissal of the application and notes the adverse findings of the Court regarding the inclusion of a judge on the independent panel and the right of the holder of such office to legal representation at the Section 194 enquiry stage of the process,” says parliamentary spokesperson Moloto Mothapo.
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“Parliament is consulting its legal team, who are still studying the judgment fully, and will make a determination on the implications of the judgment on its independence and the manner in which it determines its internal processes.”
Meanwhile, Mkhwebane has sought an order declaring unlawful the new rules governing the process in the National Assembly.
Mothapo says Modise has opposed each of the fourteen grounds of challenge.
“The manner in which the Section 194 Committee proceeds will be based on legal advice.”
