By Lehlohonolo Lehana.
The three-member panel that conducted preliminary assessment on allegations of misconduct and incompetence against Public Protector Busisiwe Mkhwebane says she has a case to answer.
The panel said the charges, based on the findings of prima facie evidence of incompetence and misconduct, should be referred to a parliamentary committee to investigate Mkhwebane.
The panel — comprised of retired Constitutional Court judge Bess Nkabinde, advocate Dumisa Ntsebeza and advocate Johan de Waal — was appointed after a DA motion to have Mkhwebane removed from office.
The constitution and the rules of the National Assembly provide for procedures to remove an office-bearer in state institutions supporting constitutional democracy
Parliament spokesperson Moloto Mothapo said the panel found there was substantial information that constitutes prima facie evidence of incompetence. These includes evidence demonstrating Mkhwebane’s overreach and exceeding the bounds of her powers in terms of the Constitution and the Public Protector Act, repeated errors of the same kind, such as incorrect interpretation of the law, and other patent legal errors.
“According to the panel, these instances, cumulatively assessed, meet the threshold of prima facie evidence of sustained incompetence,” Mothapo said.
He also said the panel had found there was sufficient information that constitutes prima facie evidence of misconduct.
The examples given include Mkhwebane’s failure to reveal she had meetings with former president Jacob Zuma and the State Security Agency, her wrong findings on money laundering in the CR17 Campaign matter, and her unexplained doubting of President Cyril Ramaphosa’s bona fides.
“The panel recommends that, for the reasons contained in its reports, the charges based on the findings of prima facie evidence of incompetence and misconduct be referred to a committee of the National Assembly to investigate/inquire (if it so resolves) in terms of section 194 of the Constitution.”
Mothapo said the rules of the National Assembly stipulated that once the panel has made its recommendations, Modise should schedule these for decision by the House.
Meanwhile DA chief whip Natasha Mazzone said she welcomes the finding by the independent review panel that there is a prima facie case for parliament to institute removal proceedings against the public protector.