Mkhwebane fitness for office to be investigated

Parliament's Justice and Correctional Services has agreed to handle the process of reviewing the Public Protector's fitness to hold office, despite potential legal drawbacks. According to a News24 report, National Assembly Speaker Baleka Mbete referred a DA-sponsored proposal to the committee. The DA has criticised Mkhwebane for her handling of the Absa/Bankorp bailout report, in which the Gauteng High Court (Pretoria) ruled against her. The committee, though, was split on how to deal with the matter. Committee chair Mathole Motshekga told members it would not be possible to do justice to the matter, with such a backlog of legislation to grind through before the end of the year. He asked whether the committee had the ‘capacity’ to deal with the matter, and if it would not be better to refer it back to Mbete, with a view to setting up an ad hoc committee. DA MP Werner Horn said that, because the Public Protector was appointed by an ad hoc committee, it followed that an ad hoc committee must review her fitness to hold office. In the end though, the ANC used its majority to keep the matter at portfolio committee level. Five ANC MPs voted to keep the matter in-house, to one vote each against from the DA, ACDP and EFF. Motshekga said he would recuse himself as chair, as he was listed as a respondent in the case against Mkhwebane in the High Court.

Committee statement on envisaged process

Full Fin24 report

Mkhwebane becomes the first Public Protector to be submitted to a probe into her fitness to hold office. Mkhwebane‚ who assumed her position in October last year‚ has been making controversial decisions and proposals since she took over from the well-respected Thuli Madonsela, says a TimesLIVE report. Mkhwebane dropped a bombshell when she ordered Parliament to change the mandate of the SA Reserve Bank as part of her remedial action on the Absa/Bankorp report. The recommendation was deemed as a remarkable breach of the constitutionally-enshrined doctrine of the separation of powers. The request referred by the Speaker is two-fold. Firstly‚ to request Parliament to proceed to remove the Public Protector‚ as she has overreached her powers in the SARB and the Absa/Bankorp matter. The second request relates to the Deputy Public Protector‚ Advocate Kevin Malunga‚ for allegedly unlawfully terminating investigations into a former mayor and municipal manager.

– TimesLIVE