The move by parliament to initiate an impeachment process against Commission for Gender Equality (CGE) commissioner Mbuyiselo Botha on five misconduct charges related to derogatory remarks he made about his fellow commissioners is positive and also frustrating.
It is the second time parliament is flexing its muscles against a Chapter 9 institution in accordance with section 194 of the constitution — having tread this ground against former public protector Busisiwe Mkhwebane last year.
It signals the might of parliament in holding these independent, impartial bodies, tasked with keeping government accountable, in check.
And it highlights that those mandated to uphold the principles of our democracy are not above the law.
However, the pushback in the face of overwhelming transgressions has a costly consequence.
Mkhwebane was impeached in September after a parliamentary inquiry found her guilty of misconduct and incompetence, but it has come at an unnecessary financial burden to the taxpayer.
She faces millions of rand in legal costs linked to failed litigation but is still hell-bent on turning to the courts to reverse the “injustice” of being removed from office.
It is exactly the same playbook Botha is using in fighting his suspension from the CGE when he turned to the high court.
During a virtual meeting, Botha — unaware his mic was live — made remarks to a colleague about commissioner Nomasonto Mazibuko’s albinism and said former chairperson Tamara Mathebula lacked a backbone.
The commission acted swiftly to suspend him.
However, Johannesburg high court judge Jabulani Dlamini ordered Botha’s suspension was unlawful, unconstitutional, invalid and void in February this year amid an ongoing debate on whether parliament should establish an inquiry into his matter.
Dlamini pointed out the commission heightened duties of fairness in litigation and was required to be a leading light and example in upholding the rights of citizens, including its commissioners.
In essence, Botha used procedure, protocol and the law to vindicate his utterances, which is appalling considering his position of power.
And now legal bills are mounting — said to be in the millions — in the fight between the CGE and Botha.
When you are the keeper of values intrinsic to the protection and development of gender equality, there can be no question over your integrity.
A person cannot be expected to be a leading light for women who endure physical, verbal and financial abuse and uphold their rights if their own actions are questionable.
When you are the keeper of values intrinsic to the protection and development of gender equality, there can be no question over your integrity.
While it is welcome that ANC MP Fikile Masiko set the ball rolling when he submitted a motion to the speaker of parliament, one has to be mindful of the lengthy process and the costs.
The speaker’s appointment of an independent legal panel to assess the evidence will determine whether sufficient grounds exist for Botha to face a parliamentary impeachment inquiry.
And in this time, there will be, given our bloody history of gender-based violence (GBV), countless women who would have needed assistance to escape abusive and potential fatal situations.
The second quarter crime statistics for 2023/24 paint a clear picture of the dangers facing South African women.
The stats reveal that between July and September this year, 881 women were murdered, there were 1,514 reported attempted murders involving female victims and 14,401 reported assault with intent to do grievous bodily harm incidents.
If the institutions meant to be beacons of hope for those most vulnerable are not safe spaces, what chance do they have for help?
The timing couldn’t be more auspicious as November 25 marks the start of the 16 days of activism campaign against GBV.
The action against Botha is the activism we need, and our women deserve for it to be swift and just so money could channelled to where it is needed.
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