By Lehlohonolo Lehana.
Parliament began its first-ever impeachment inquiry this week into suspended public protector Busisiwe Mkhwebane.
While the public protector’s office has pulled the plug on all of Mkhwebane’s legal challenges related to this inquiry, it will still be funding her legal defence.
In March 2021, Mkhwebane became the first head of a Chapter 9 institution to be impeached when the National Assembly adopted a motion to that effect.
The proceedings have been stalled in the face of a full-blown Stalingrad defence by Mkhwebane.
Mkhwebane was suspended by President Cyril Ramaphosa, pending the outcome of the impeachment inquiry.
Her legal representative Dali Mpofu has revealed that since Mkhwebane’s suspension on June 9, she had not had access to her emails until last Thursday.
“Her emails were only opened on Thursday, July 7, almost a month after her suspension on June 9. For almost a month, she had no access to email, “he said.
This was a direct consequence of the suspension. She has been completely sabotaged in preparation for this,” he said.
Mpofu argued the process had been unfair.
“Unfairness is patent,” he said and asked for the process to be conducted in a fair manner.
“We are here. We are ready to rock ‘n roll. We just want to tell you where you are leading this country and this parliament — to a bottomless pit and a cesspool of illegality,” he said.
“We can’t stop, it’s a free country, the committee will make its own decision. Good luck.”
Mpofu told the special committee convened in terms of Section 194 of the constitution, which is looking into Mkhwebane’s conduct, that it could not distance itself from Mkhwebane’s suspension.
He has questioned the committee’s impartiality, suggesting it had a predetermined outcome because Mkhwebane’s suspension was at its and National Assembly speaker Nosiviwe Mapisa-Nqakula’s behest.
Mpofu argued that not only was Mkhwebane’s suspension premature, it transgressed the rule of bias.
He argued that Ramaphosa should not have suspended Mkhwebane because he is currently the subject of six investigations by her office – all of which he contends could lead to Ramaphosa’s impeachment. Ramaphosa is facing “six life sentences”, as a potential consequence of these investigations.
Mpofu said he recognises that Ramaphosa has the power to suspend the Public Protector, but is questioning whether he exercised that power lawfully and within the correct timeframes.
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Video Courtesy of Parliament.