The parliamentary committee for section 194 inquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office says it will not sit on Thursday as she has taken ill.
The hearing is scheduled to continue next week, when Mkhwebane is expected to resume her testimony.
Mkhwebane, the first head of a chapter nine institution to face impeachment proceedings, is accused of misconduct and incompetence.
In March 2021, an independent panel appointed to assess the merits of a motion to have her removed from office recommended parliament institute impeachment proceedings against her after finding prima facie evidence of incompetence and misconduct.
The panel led by retired Constitutional Court judge Bess Nkabinde said there was evidence that on the face of it demonstrated she had overreached and exceeded the bounds of her powers in terms of the constitution and Public Protector Act. This was done by unconstitutionally overstepping parliament’s exclusive authority when she directed parliament to initiate a process to amend the constitution.
The panel also cited incorrect interpretation of the law and other patent legal errors, such as failure to take relevant information into account, failure to provide the right to be heard to the affected people, incorrect factual analysis, sustained lack of knowledge to carry out duties and/or inability or skill to perform her duties effectively and efficiently.
Hitting back, Mkhwebane said earlier this month she believes she will clear her name against “a witch hunt” by political parties wanting to punish her for doing her work as prescribed in the constitution.
In testimony to the inquiry, she also said she had found the public protector’s office in disarray when she became public protector in 2016, with “huge” case backlogs; persistent governance issues and audit queries; low staff morale; issues of transformation and affirmative procurement, especially in relation to legal services; and challenges in paying service providers within 30 days.
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Busisiwe Mkhwebane calls in sick to parliamentary inquiry
Image: Thulani Mbele
The parliamentary committee for section 194 inquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office says it will not sit on Thursday as she has taken ill.
The hearing is scheduled to continue next week, when Mkhwebane is expected to resume her testimony.
Mkhwebane, the first head of a chapter nine institution to face impeachment proceedings, is accused of misconduct and incompetence.
In March 2021, an independent panel appointed to assess the merits of a motion to have her removed from office recommended parliament institute impeachment proceedings against her after finding prima facie evidence of incompetence and misconduct.
The panel led by retired Constitutional Court judge Bess Nkabinde said there was evidence that on the face of it demonstrated she had overreached and exceeded the bounds of her powers in terms of the constitution and Public Protector Act. This was done by unconstitutionally overstepping parliament’s exclusive authority when she directed parliament to initiate a process to amend the constitution.
The panel also cited incorrect interpretation of the law and other patent legal errors, such as failure to take relevant information into account, failure to provide the right to be heard to the affected people, incorrect factual analysis, sustained lack of knowledge to carry out duties and/or inability or skill to perform her duties effectively and efficiently.
Hitting back, Mkhwebane said earlier this month she believes she will clear her name against “a witch hunt” by political parties wanting to punish her for doing her work as prescribed in the constitution.
In testimony to the inquiry, she also said she had found the public protector’s office in disarray when she became public protector in 2016, with “huge” case backlogs; persistent governance issues and audit queries; low staff morale; issues of transformation and affirmative procurement, especially in relation to legal services; and challenges in paying service providers within 30 days.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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