Central SA
Impeachment process against Mkhwebane can proceed - ConCourt─── 14:14 Fri, 04 Feb 2022
The Constitutional Court (ConCourt) has ruled that Parliament proceed with its impeachment process against Public Protector Busisiwe Mkhwebane.
The ConCourt delivered its ruling on Friday after the judgment was reserved in November last year.
In the judgment, Justice Nonkosi Mhlanta also indicated that Mkhwebane is allowed to be legally represented during the impeachment inquiry in the National Assembly.
“The rules state that the National Assembly must ensure that the enquiry is conducted in a reasonable and procedurally fair manner – this requires full legal presentation,” the judgment reads.
The ConCourt further granted National Assembly Speaker, Nosiviwe Mapisa-Nqakula, and the Democratic Alliance (DA) direct appeal against a Western Cape High Court ruling due to the matter being “urgent” and of “public importance”.
Parliament and the DA approached the ConCourt for direct access after the Western Cape High Court in July last year ruled in favour of Mkhwebane, and declared certain sections of the current rules for the removal of Heads of Chapter 9 Institutions to be unconstitutional.
Mkhwebane’s cross-appeal application was dismissed in its entirety by the ConCourt.
The Public Protector (PP) had brought an application for a cross-appeal, should the ConCourt grant the Speaker and DA leave to appeal.
She was further ordered to pay the costs of the DA.
