Panel finds prima facie evidence to remove Mkhwebane

At stake is the job of Advocate, Busisiwe Mkhwebane as a public protector.

This comes on the heels of the Independent Review Panel’s report that there was prima facie evidence of incompetence and misconduct against Mkhwebane.

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

Parliament spokesperson, Moloto Mothapo said the Panel was formed in accordance with National Assembly rules to conduct a preliminary assessment and make a recommendation on whether there is prima facie evidence to indicate that Mkhwebane has committed misconduct or is incompetent.

“The rules of the Assembly stipulate that once the Panel has formulated its recommendations, the Speaker must schedule them for decision by the House. If the House decides that the investigation should take place, it must be referred to a special section 194 committee for a formal investigation. The Speaker must inform the President of any action or decision arising from the recommendations,” Mothapo said.

The Democratic Alliance (DA) called for Mkhwebane to be indicted last year, attributable to several court rulings against her and some of her reports.

DA welcomed the results of the independent review committee on Monday.

DA chief whip Natasha Mazzoni said: “We are satisfied with the outcome and urge Parliament to initiate proceedings to remove Mkhhwebane without delay.”

Mazzone said DA had, on February 21, 2020, submitted more than 7,000 pages of additional evidence to the Speaker of the National Assembly to bolster its proposal to impeach Makhwebane.

Mazzone said some of Mkhwebane notable mistakes include:

The Constitutional Court ruled that the Public Protector had acted in bad faith and had not been honest with the High Court regarding its process of investigation into the Reserve Bank case.

She defended former President Jacob Zuma by bringing criminal charges against former Public Protector, Advocate Thuli Madonsela, for publishing the transcript of her interview with him.

In 2019, the North Gauteng High Court rejected her appeal [Mkwenane] to overturn Judge Ronel Tolmay’s stern ruling complaining about his handling of the Estina Dairy Farm affair and related report.

Mkhwebane is said to have celebrated his 50th birthday party with people involved in the state capture: he chose to spend an evening sipping champagne with the same people he was supposed to investigate.

During her tenure as a public protector, Mkhwebane has shown time and again that she is incapable of doing her job independently and has shown a poor understanding of both the law and her mandate as a public protector.

Worse still, Mkhwebane’s actions have caused immeasurable damage to the reputation of the public protector’s office.

In nearly three years in office, Mkhwebane has successfully tarnished the credibility, authority, and independence of the public protector’s office.







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