Parliament to test Mkhwebane's fitness to hold office

Parliament has resolved to conduct an inquiry into Public Protector Busisiwe Mkhwebane's fitness to hold office‚ making her the first occupier of that office to be subjected to such a probe.

The decision to institute removal proceedings against Mkhwebane was taken by the portfolio committee on justice on Tuesday after MPs voted on the matter.

The removal proceedings against Mkhwebane stem from a request sent to National Assembly speaker Baleka Mbete by the DA last month‚ asking for parliament to probe the Public Protector's suitability for the job‚ which Mbete referred to the justice committee for processing.

Although Mkhwebane is appointed by President Jacob Zuma on the recommendation of the National Assembly‚ it is the justice committee that holds her accountable on her performance.

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.

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‚ which prohibits the three arms of state from dictating to each other.

In a statement‚ ANC MP and chairman of the justice committee Mathole Motshekga said he would recuse himself from the process that could see Mkhwebane being removed from office before her non-renewable term expired.

Motshekga had proposed that the matter be sent back to Mbete for parliament to set up an ad hoc committee to look into the matter but members of his committee insisted they were the right body to decide on Mkhwebane's fate.

"Dr Motshekga further added that should the Committee be in favour of conducting the inquiry‚ he would likely have to recuse himself as the remedial action by the Public Protector stated that Parliament and the Chairperson of the Justice and Correctional Services Committee should change the Constitution to amend the powers and mandate of the South African Reserve Bank‚" said Motshekga's statement.

"This view was supported by some members of the Committee. However‚ after a short caucus‚ the majority felt that the Committee is the correct forum/mechanism to deal with such an inquiry as it performed oversight over the work of the Office of the Public Protector. The Committee further resolved to hold these meetings outside of normal parliamentary hours‚ after hours or over weekends‚ should there be a need for it.

"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‚ Adv Kevin Malunga‚ for allegedly unlawfully terminating investigations into a former mayor and municipal manager."