PUBLIC PROTECTOR: ADV. BUSISIWE MKHWEBANE

OUTA CHALLENGES THE PUBLIC PROTECTOR ADV. BUSISIWE MKHWEBANE

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Overview

The Organisation Undoing Tax Abuse has submitted to Parliament copies of all the negative court findings against the Public Protector, to back up our earlier complaint.

In June, OUTA petitioned Parliament for an inquiry into the Public Protector’s conduct and competence. More than 21 000 people signed a petition supporting OUTA's decision to take action.

OUTA’s initial submission was based on our belief that Advocate Busisiwe Mkhwebane has failed in her constitutional duties, which has been clearly demonstrated in the numerous court findings against her.  

As circumstances stand currently, parliament drafted and approved rules for the removal of the Chapters Nine institutions (including the Public Protector). In terms of rules, the Speaker had to appoint an independent panel that will establish whether there are grounds for the Public Protector’s removal or not.

The Speaker recently appointed the following panellists:

Retired Constitutional Court judge Bess Nkabinde who chaired the three-strong panel and Senior counsel Dumisa Ntsebeza and Johan de Waal were the others. 

Once appointed, they had 30 days to provide their recommendation to the Speaker. The Speaker however extended the period for 90 days until the 25 of February 2021. 

The Speaker, being in possession of the Panel's recommendation that it had found substantial prima facie evidence of incompetence and misconduct, scheduled the Panel’s recommendation for the NA’s decision. On 16 March 2021, the NA agreed with the panel and resolved that a formal section 194 inquiry by a committee should go ahead. If the Committee recommends that the PPSA should be removed, the question must be put to the NA. The Public Protector can only be removed if two thirds of parliament agree.  

OUTA reiterates its stance that the Public Protector has failed in her constitutional duties towards the citizens of this country and has brought an important Chapter 9 Institution into disrepute. Her time is running out. Fast.


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