By Lehlohonolo Lehana.
National Assembly Speaker Nosiviwe Mapisa-Nqakula has officially informed President Cyril Ramaphosa that Parliament is continuing with Public Protector Busisiwe Mkhwebane’s impeachment proceedings.
The move could pave the way for Ramaphosa to place Mkhwebane on suspension as the parliamentary inquiry will start in the coming weeks.
This comes after Mkhwebane’s rescission application at the Constitutional Court, asking the apex court to reverse its earlier order that paved the way for the parliamentary inquiry.
According to her affidavit, Mkhwebane said the apex court’s judgment contained “patent errors” and ambiguities.
“The ambiguity, patent error and/or omission is only to the extent of the court’s failure to apply the most basic rules for Constitutional validity and the rule of law as well as the established in the well-known Pharmaceutical and Fedsure cases,” the affidavit reads.
She added that the court in its judgment had not identified the empowering provision of the Constitution or any legislation which authorises the Speaker or Chief Justice to appoint a judge for a panel of a National Assembly.
The court had ruled that Mkhwebane be granted full legal representation during the proceedings.
However, it dismissed her application against the parliamentary rules providing for a judge on the independent panel that decided whether she has a case to answer.
Parliamentary spokesperson Moloto Mothapo said National Assembly Speaker Nosiviwe Mapisa-Nqakula had written to Ramaphosa informing him that the Committee on Section 194 inquiry will be resuming with its proceedings.
“The Speaker’s letter to the president is being sent out of courtesy, as the president is responsible for the appointment and removal of heads of Chapter 9 institutions in terms of the Constitution,” Mothapo said.
Mkhwebane’s term ends in October 2023.
The Inquiry was established after the motion was tabled in February 2020 by the Democratic Alliance (DA) chief whip Natasha Mazzone.
And at the back of the National Assembly’s adoption of the 116-page report by retired Constitutional Court Judge Bess Nkabinde and advocates Dumisa Ntsebeza and Johan de Waal. The Section 194 inquiry committee was established — and got moving to represent every single political party represented in Parliament.