DA demands Mkhwebane’s suspension, pending Special Parliamentary Committee inquiry

The Democratic Alliance (DA) calls on President Cyril Ramaphosa to suspend embattled, Advocate Busisiwe Mkhwebane, pending an investigation by Parliament’s Ad hoc Committee into her ability to execute her duties.

The DA filed a motion in Parliament to remove Mkhwebane from the Public Protector’s office.

DA Chief Whip Natasha Mazzone said in line with the guidelines for removal procedures, President Ramaphosa may suspend Mkhwebane while awaiting the start of the proceedings.

“President Ramaphosa must suspend Mkhwebane following the adoption of the National Assembly resolution to oust her,” Mazzone said.

The National Assembly (NA) voted on Tuesday in favour of the ad hoc Committee to investigate Mkwebane’s ability to hold office

This can be a follow-up to the Constitutional Court’s decision to dismiss Mkhwebane’s appeal for direct leave to appeal the Western Cape High Court ruling, prohibiting the NA from further processing the motion on her removal.

In October 2020, the Western Cape High Court dismissed Mkhwebane’s application to prevent the NA from pursuing her impeachment.

Under the rules of the NA, Parliament established an independent review panel to conduct a preliminary assessment and recommend whether a prima facie case exists that Mkhwebane committed misconduct or is incompetent

The panel comprises three experienced legal experts, Judge Bess Nkabinde, Attorney Dumisa Ntsebeza SC, and Attorney Johan de Waal SC compiled a damning report that found prima facie evidence submitted to Parliament to institute impeachment proceedings against Mkhwebane.

The report received by the Speaker of the National Assembly, Thandi Modise, provides the proposal, the charges against Makhwebane reports, the allegations presented by litigation in various courts, judgments, and her written response.

In 2019, the North Gauteng High Court dismissed her appeal [Mkwenane] to overturn Judge Ronel Tolmay’s stern ruling regarding the handling of the Estina Dairy Farm affair and related reports.

DA Chief Whip, Natasha Mazzone said her party awaits Parliament to appoint an Ad hoc committee, adding that the inquiry must certanly be robust and understandable.

“We’re confident our report details over 10,000 pages of court rulings and Public Protector statements are correct and fair,” Mazzone said.

Mazzone said the DA is now calling on President Ramaphosa to suspend Mkhwebane pending the Ad hoc committee inquiry into her fitness to hold office.

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