By Lehlohonolo Lehana.
National Assembly voted in favour of the removal of Busisiwe Mkhwebane as Public Protector after she has failed to prevent the Section 194 committee from adopting its final report, which recommended her removal from office.
The ANC, DA, IFP and FF Plus supported the report, including its recommendation that Mkhwebane should be removed.
The Constitution contains three grounds for the removal of the head of a Chapter 9 institution: misconduct, incompetence and incapacity (for example, a debilitating illness).
Mkhwebane’s much of the charges, were based on four of her most politically charged investigations: the South African Reserve Bank/ CIEX matter, the Vrede dairy farm scam, the South African Revenue Service investigating unit (or so-called rogue unit) and the CR17/ Bosasa matter.
The charges drew on Mkhwebane’s conduct during the investigations, as well as the subsequent litigation, which resulted in scathing findings against her.
While Mkhwebane has employed all sorts of Stalingrad tactics, costing the taxpayer more than R160 million as she disgracefully hung on.
The adoption of the report was first debated before it went to a special vote, requiring two-thirds or over 260 MPs to vote in support of it.
MPs had gathered at the Cape Town City Hall on Monday afternoon to debate why Mkhwebane should be impeached or not.
Section 194 inquiry chairperson, Richard Dyantyi, kicked off the debate saying he had no doubt that Mkhwebane was incompetent and misconducted herself.
Dyantyi also said Mkhwebane never offered the inquiry into her fitness to hold office a valid defence to sway MPs and must be removed.
The Democratic Alliance (DA)’s Annelie Lotriet agreed with Dyantyi, saying her party supported Mkhwebane’s removal.
Lotriet agreed with Dyantyi, saying that a Public Protector should be beyond reproach.
“It is clear, without a doubt, that Mkhwebane cannot proceed as Public Protector.”
But the Economic Freedom Fighters (EFF)’s Omphile Maotwe said the process had been grossly unfair on Mkhwebane and rejected the report.
The National Assembly voted and the results were 318 yes, 43 no’s, one abstention.
ANC Chief Whip Pemmy Majodina, ahead of the vote, said if party members voted against the party line, which was to vote for Mkhwebane to be removed, they would be dealt with, and the party is not afraid to part ways with them.
ANC MP Nkosazana Dlamini-Zuma was not in parliament for the vote.
Mkhwebane’s term started in October 2016, replacing Thuli Madonsela after all parties in Parliament, except the DA, supported her appointment.
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Video Courtesy of Parliament.