Section 194 committee recommends Mkhwebane removal
Updated | By Cliff Shiko
The Section 194 committee probing the fitness to hold office of suspended public protector Busisiwe Mkhwebane has recommended her removal from office.
The committee found Mkhwebane guilty of misconduct and incompetence.
The committee virtually presented a summary of the draft report on Friday.
Mkhwebane was suspended by President Cyril Ramaphosa last year after she started probing the president's Phala Phala matter.
The committee, chaired by ANC MP Richard Dtyantyi, will now draw up its final report to be tabled in the National Assembly for determination.
Two-thirds of the National Assembly must support the report for adoption.
The committee's legal advisor Fatima Ibrahim said the report makes serious adverse findings of misconduct against Mkhwebane across a range of investigations, reports and her handling of subsequent litigation, as well as matters related to the expenditure of public funds.
"There is ample evidence, as set out in this report, giving rise to several grounds of misconduct from the charges as set out in both Part A and Part B of this report and which span from the findings made in respect of the Lifeboat, Vrede, SARS Unit and CR17 matters," she said.
"Based on the evidence before it and the submissions it has received, that Advocate Mkhwebane has misconducted herself on multiple occasions and in the most egregious manner to the extent that, in its view, any of the three misconduct charges standing alone - or indeed even certain of the sub-charges - would warrant removal."
"Mkhwebane has also demonstrated an unacceptable and debilitating level of incompetence and, for that reason too, the committee recommends that the NA remove her from the Office of the Public Protector."
The draft report will be sent to Mkhwebane for comment before making its way to the National Assembly.
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