General: Work begins on revising rules for removing PP

Work on revising the National Assembly Rules to clearly prescribe the procedures to be followed when removing senior ‘Chapter Nine institution office bearers’ ‘began in earnest’ last Friday, reports Pam Saxby for Legalbrief Policy Watch. This is noting that Chapter Nine of the Constitution deals with state institutions supporting democracy, while section 194(1) specifies the circumstances in which a Public Protector, Auditor-General or the head of a Chapter Nine commission may be removed from office. According to a media statement on the sub-committee meeting concerned, ‘at least four stages’ were proposed for the section 194(1) process envisaged. Together with underlying principles discussed at the meeting, they will form the basis of draft rules to be considered when the sub-committee reconvenes.

The decision to review existing rules on the section 194(1) process was prompted by the DA’s request for a formal inquiry into Public Protector Busisiwe Mkhwebane’s fitness to hold office (EWN). Leading opposition party chief whip, John Steenhuisen, wrote to the National Assembly’s previous Justice & Correctional Services Committee in June last year requesting Mkhwebane’s removal from office (Mail & Guardian). However, when the matter was finally put to the vote in December, most members chose not to initiate the required proceedings – reportedly being of the view that to have done so at that stage would have been ‘premature’ (News24).