Tuesday, 26 November 2019 18:19

The National Assembly's rules committee has adopted draft rules for the removal of the head of a Chapter 9 institution, such as the Public Protector.

The draft rules must still be adopted by the National Assembly before they come into effect and it is only likely to happen next year. The proposed rules were drafted by a sub-committee, chaired by ANC deputy chief whip Doris Dlakude.

On two occasions during the Fifth Parliament, then DA chief whip John Steenhuisen unsuccessfully attempted to have the portfolio committee institute removal proceedings against Public Protector Busisiwe Mkhwebane.

The Public Protector wrote to the National Assembly speaker Thandi Modise complained that there weren't rules for the process of her removal and threatened court action.

After considering the matter, the Portfolio Committee on Justice and Correctional Services referred the matter to the rules committee to draft rules for the removal of the head of a Chapter 9 institution.

Section 194 of the Constitution prescribes the following for the removal of the Public Protector: "The Public Protector may only be removed from office on the grounds of misconduct, incapacity or incompetence, a finding to that effect by a committee of the National Assembly and the adoption by the National Assembly of a resolution calling for that person's removal from office."

This resolution needs to be supported by a two-thirds majority of the National Assembly.