This as the National Assembly started searching for the next best candidate to assume office as the former Public Protector Thuli Madonsela’s seven-year non-renewable term of office was coming to an end. Mkhwebane became the successful candidate recommended to the National Assembly by an Ad Hoc Committee in September 2016. And now almost six years later she is back going through a National Assembly Parliamentary inquiry to determine her fitness to hold office.
Fourteen candidates were ultimately shortlisted. Mkhwebane was one of the fourteen, shortlisted for interviews. The candidates were interviewed publicly on 11 August 2016 in one day until the early hours of the next morning. It was the first time that the interviews for the position were conducted publicly and on television. Every candidate had ten minutes to present their CVs.
The DA had objected to her recommendation from the committee level to the National Assembly. The Assembly considered the Ad Hoc Committee recommendation on 7 September 2016. The House passed a resolution with 263 MPs voting in favour of Mkhwebane’s recommended appointment. This paved way for her appointment by then President Jacob Zuma. The DA was the only party that voted against the recommendation for her appointment while COPE abstained.
Despite initially defending her recommendations, Mkhwebane later admitted that she had overstepped the boundaries of her power as Public Protector and withdrew her application against SARB.” Swart agreed: “Chair I still believe your course of action that an ad-hoc committee deal with the matter is better. Let us also remember the basis of the was that you as the chairperson have to amend the constitution.”
“The DA will write to the Speaker of the National Assembly, Baleka Mbete, to again follow up on the request that Parliament institute proceedings in terms of section 194 of the Constitution to remove the Public Protector, Advocate Busisiwe Mkhwebane. On 1 June 2019, Parliament said Modise was seeking advice on how to best deal with Steehuisen’s request as the structures of Parliament were not yet established. The National Assembly Rules Committee still had to meet in the first week of June to establish Parliamentary Portfolio Committees in line with the reconfiguration of the Ministries.
The President may also suspend a Head of a Chapter 9 Institution from office at anytime after the start of the proceedings of a National Assembly committee for the removal of that person as outlined in Section 194 . However, in terms of Section 194 the President must remove the person from office once the National Assembly has resolved that the person be removed.
One of the provisions in the Rules is the appointment of a three-member Independent Panel of Experts which could include a retired judge. The panel is appointed by the National Assembly Speaker in consultation with political parties in the National Assembly. Parties are required to nominate persons they want to be appointed to the panel.
“Additionally the PP patently made a wring finding of money laundering in the CR17 matter and doubted the bona fides of the President without reason. In our view the conduct of the PP also constitutes prima facie evidence of incompetence”, the panel report concluded on the prima facie misconduct findings.
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