The Democratic Alliance (DA) has written to the Speaker of the National Assembly, Thandi Modise, to request that removal proceedings against the incumbent Public Protector, Busisiwe Mkhwebane be instituted following Parliament’s adoption of a set of rules for the removal of a Head of a Chapter 9 Institution in terms of Section 194 of the Constitution.
In August, the DA submitted draft rules to the Speaker in order to assist Parliament in setting up proper processes for the removal of a Head of a Chapter 9 Institution, such as the Public Protector. We are pleased by the rules which have been adopted by Parliament and have since requested that Parliament initiate fresh proceedings in accordance with Section 194(1) of the Constitution to remove Mkhwebane as soon as the Second Session of the Sixth Parliament commences.
The DA from the onset opposed the appointment of Mkhwebane as Public Protector and we consider her removal a matter of great urgency.
She has time and again proven that she is unfit to hold office, has consistently demonstrated an inability to conduct her work independently and has illustrated a poor understanding both of the law as well as of her mandate as Public Protector. Worse, Mkhwebane’s actions have caused immeasurable damage to the once respected reputation of the Office of the Public Protector.
Despite her claims to the contrary, Section 194 of the Constitution is quite clear that Parliament is the correct body to consider and decide upon the removal of the Public Protector. Section 194(3) states that the President must remove a person from office upon the adoption by the Assembly of a resolution calling for that person’s removal.
With the adoption of the removal proceedings rules this week, we are one step closer in removing Busisiwe Mkhwebane from office and replacing her with a capable and independent Public Protector.