Cape Town - The Section 194 Committee tasked to impeach Public Protector Busisiwe Mkhwebane decided on Tuesday to proceed with the inquiry into her fitness to hold public office.
The committee was convened after the Constitutional Court recently ruled that Mkhwebane be granted full legal representation during the proceedings.
The court had also dismissed her application against having a judge on the independent panel that decided whether she has a case to answer.
However, the committee heard that Mkhwebane wrote to National Assembly Speaker Nosiviwe Mapisa-Nqakula on Monday notifying her of her intention to apply to the Constitutional Court for the rescission of certain parts of its order.
Parliamentary legal adviser Siviwe Njikela said Mkhwebane asked that Parliament halt the impeachment process in the same way it did when the matter was taken on appeal.
Njikela said they responded to her letter and indicated that there was no legal obligation to stop the process since there was no application or interdict.
“About over an hour ago we received another response from them which persists with that proposal that the process be put on hold pending determination of rescission judgement, which has not been filed.
“In their letter, yesterday, they indicated that they will do so in 10 to 15 days,” he said.
Njikela said it was up to the committee to consider and make a decision whether it would like to give the application for rescission an opportunity to proceed as Mkhwebane has only made a declaration.
Committee chairperson Qubudile Dyantyi said as things stood, the highest court in the land made judgement and there was nothing stopping them from proceeding.
“There is no interdict or application,” Dyantyi said.
DA MP Annelie Lotriet said since there was no rescission application, the committee should proceed with its work.
“There is no impediment. I do not believe we should not recede to the request on the basis that an application will be filed,” she said.
“We should proceed looking at the agenda we have this afternoon. There is absolutely nothing on which we will take decisions that will have an impact on what the court found,” Lotriet said.
Good Party MP Brett Herron agreed that the proceedings should go ahead and adopt the committee’s programme.
ANC deputy chief whip Doris Dlakude echoed the same sentiments, saying they should proceed with the work of Parliament as expected and adopt a programme of the committee as well as terms of reference so that other work could start to unfold.
Freedom Front Plus MP Heloise Denner said: “As there is no rescission filed I agree that we proceed and adopt the terms of reference until there is a rescission application.”
NFP MP Munzoor Shaik Emam echoed the same sentiments, saying: “I don’t know why there was a delay to not make the application timeously”.
The committee was also briefed on the terms of reference, which provide for the appointment of an external evidence leader since Mkhwebane will have legal representation, among other things.
The programme, which was agreed to, shows that the process to appoint the evidence leader will start and ensure documents were sent to committee members.
The committee would meet again in March and the impeachment process would be completed in September.
There would be testimony by witnesses and Mkhwebane will have a right to cross-examine them, and that she will have an opportunity to respond to the draft of the committee before it is finalised.
POLITICAL BUREAU