Some ANC MPs remain defiant ahead of Tuesday’s vote on an independent panel report calling for impeachment proceedings to be instituted against public protector Busisiwe Mkhwebane.
Former North West premier Supra Mahumapelo has written to ANC secretary-general Ace Magashule stating he will not vote in favour of the establishment of an inquiry into Mkhwebane’s fitness to hold office.
“Myself as an ANC MP, I will NOT vote for the DA motion coming in the form of a panel report for the removal of the public protector unless the ANC has changed its ideological posture towards parties such as the DA,” said Mahumapelo, in a letter dated March 15, seen by Sunday Times Daily.
“I thought I needed to bring this to the attention of the leadership because tomorrow, one might be accused of not being disciplined,” he said.
In his letter, Mahumapelo describes the report of the independent panel as a “DA motion coming in the form of a panel of experts report”.
“In the caucus which [sat] last week on March 11 2021, the chief whip informed us that at this stage the ANC does not have a position on the matter but that we must avoid a possible legal challenge by the DA to the Speaker of Parliament by not blocking the process that will lead to the establishment of a special Section 194 Committee,” he said.
Mahumapelo said the matter became clearer after the caucus — the procedure is that parliament votes on whether to adopt a DA motion presented as a panel of experts report.
The MP has previously supported Mkhwebane, saying in January 2020 that he did not see any reason to remove her as she was doing a “marvellous” job.
Myself as an ANC MP, I will NOT vote for the DA motion coming in the form of a panel report for the removal of the public protector.
— Supra Mahumapelo
Another ANC MP, Mervyn Dirks, accused the party’s chief whip, Pemmy Majodina, of issuing an inaccurate press statement that reflected a one-sided view of what took place at the caucus meeting on Thursday.
“Comrade chief whip, after reading your statement on the caucus outcome I need to point out the inaccuracies in your statement,” wrote Dirks.
He said the caucus did not agree the process to impeach the public protector should go ahead. Instead, there were two views expressed at the meeting.
“I therefore find it unfair that you released a statement based on one view that was expressed in caucus.”
Dirks said there had been no extensive discussions in the meeting due to time constraints. Many ANC MPs who wanted to speak did not get an opportunity to do so and therefore it was not true the matter was extensively discussed.
“In fact, towards the end chaos erupted over the matter and the caucus chair brought the matter abruptly to an end.”
Dirks also challenged the process, saying rules could not be applied retrospectively unless they were created for Mkhwebane.
“In conclusion I need to point out that in your statement you fail to mention that the caucus agreed that you must meet the ANC top 6 through the office of the secretary-general on Monday, March 15 to get a mandate from the ANC.
“Comrade as a loyal member of the ANC and this caucus [I] eagerly await the outcomes of the above mentioned engagements with Luthuli House to give guidance in this respect,” he said.
Majodina announced on Saturday that after an extensive discussion, the ANC caucus resolved to support the process to proceed with an inquiry on Mkhwebane’s fitness to hold office.
Earlier this month an independent panel appointed to assess the merits of a motion to have Mkhwebane removed recommended parliament institute impeachment proceedings against her.
The panel, led by retired Constitutional Court judge Bess Nkabinde, said it had found substantial information that constituted prima facie evidence of incompetence and misconduct against Mkhwebane.
In terms of the process, the panel’s report has to be placed before the house for consideration.
Tuesday’s sitting of the national assembly will then decide whether it agrees with the report and whether an inquiry by a parliamentary committee should be held. This decision requires a simple majority — the support of 201 MPs.
