Section 194 committee votes to remove Mkhwebane

Section 194 committee votes to remove Mkhwebane

The parliamentary committee probing the fitness to hold office of suspended public protector Busisiwe Mkhwebane has recommended her removal from office.

suspended public protector Busisiwe Mkhwebane
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The committee found Mkhwebane guilty of misconduct and incompetence.


Mkhwebane was suspended by President Cyril Ramaphosa last year after she started probing the president's Phala Phala matter.


The final report by the Section 194 committee 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.


The committee, chaired by ANC MP Richard Dtyantyi, said Mkhwebane had not provided written comment on the committee’s draft report which was sent to her on 11 August with an opportunity to provide written responses by 21 August. 


"The committee instead received correspondence from Motsoeneng Bill Attorneys on Sunday evening introducing themselves as Adv Mkhwebane’s new attorneys of record and indicating they have not met with her to take instructions yet at the same time calling the process illegal and unfair."


Committee members from the ANC, DA, ACDP, Freedom Front Plus and IFP all voted in favour of the adoption of the final report.


The EFF and the ATM voted against the adoption of the report, saying they will take the report on review, while Al Jama-ah felt the penalty of removal was too harsh. 


Two-thirds of the National Assembly must now support the report for adoption and Mkhwebane's untimate removal.


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