By Lehlohonolo Lehana.
The Constitutional Court on Tuesday dismissed Public Protector Busisiwe Mkhwebane’s application for direct access to appeal a Western Cape High Court’s ruling to interdict parliament’s removal proceedings against her.
In December last year, the high court ruled that Mkhwebane’s application had no prospects of success.
This comes as the National Assembly is due to vote on Tuesday afternoon on whether to establish a parliamentary inquiry into Mkhwebane’s fitness to hold office.
At the weekend, the ANC caucus in Parliament said it supported the process to set up an inquiry to look into whether Mkhwebane is fit to hold office.
Meanwhile the ANC will have an urgent caucus meeting in Parliament ahead of the vote in the National Assembly on Tuesday at 2pm on whether to set up an inquiry on Public Protector Busisiwe Mkhwebane to continue in her job.
ANC caucus spokesperson Sinetemba Jakavula confirmed the special caucus meeting.
The National Assembly requires a 50% plus one majority to approve a motion on the inquiry into the Public Protector.
For her removal from office, the National Assembly requires a two-thirds majority. The ANC has been divided on the issue of the public protector.
In the latest twist, another ANC MP has sent a letter to secretary-general Ace Magashule on ANC chief whip Pemmy Majodina.
In his letter, Kebby Maphatsoe said he would not vote in support of the DA motion.
“To participate in a vote about the acceptance or rejection of the report of the independent panel is to participate in a process that is unfolding in support of the DA’s clearly stated intention to remove the public protector from office,” he said.
He said the DA was not in alliance with the ANC, and he would not support its motion.
In her statement at the weekend, Majodina said the caucus had held an extensive meeting where the matter was discussed.
It was agreed that the ANC would support the establishment of the inquiry into Mkhwebane’s fitness to hold office.
She said the vote in the National Assembly was not about the removal of the public protector, but to set up an inquiry.