By Lehlohonolo Lehana.
Public Protector Busisiwe Mkwhebane’s application to have the National Assembly’s rules for removing a Chapter 9 Institution head declared unconstitutional has been dismissed by the Western Cape High Court.
The ruling did, however, have some relief for Mkwhebane. Judges Elizabeth Baartman, Lister Nuku and Mokgoatji Dolamo ruled that the rules are amended to allow a Chapter 9 head legal representation when appearing before a Section 194 committee – the committee that handles the impeachment proceedings.
This was the second part of Mkwhebane’s application. In the first, she unsuccessfully asked the High Court to stay Parliament’s removal proceedings, pending the outcome of the second part of the application.
The Section 194 committee met on Wednesday, where it decided to adopt a provisional programme, which is still subject to change. It is expected to finish its work in mid-January, more than two years after a motion for Mkhwebane’s removal was first lodged with Parliament. According to this programme, it will have hearings through most of October, with two days set aside to engage with Mkhwebane.
The committee heard the final report on the matter will be finalised and handed to the National Assembly on January 13 2022.
The National Assembly usually reconvenes in mid-February, when it deals with the State of the Nation Address before it handles any other business, like adopting committee reports. In all likelihood, the report may only come before the National Assembly by the end of February.
If the committee recommends Mkhwebane’s removal, the support of a two-thirds majority is needed to enforce the recommendation. The committee also heard from Parliament’s legal services, which outlined three ways in which the committee could conduct its business.
The committee decided to follow a hybrid approach, where MPs lead the process, but with added external forensic support to assist the committee in unpacking the evidence. In this hybrid scenario, the external support’s role will be more limited than compared to an evidence leader.
Next week the committee is expected to sit to begin its work.