- The Lawyers Council for the Advancement of the South African Constitution (Casac) and Corruption Watch have presented their cases opposing Public Protector Busisiwe Mkhwebane's application to have Parliament’s impeachment rules declared unconstitutional
- Michelle le Roux of Corruption Watch said in court that South Africa is on the same level as international standards when it comes to removing a Chapter 9 head
- Le Roux also said that openness and transparency, as well as accountability, are at the core of the Constitution, hence Parliament's impeachment rules should stay intact
The Lawyers Council for the Advancement of the South African Constitution (Casac) and Corruption Watch have offered their support of Parliament's decision to probe Public Protector Busisiwe Mkhwebane's actions.
“Friends of the court" make their case
Taking to court, Michelle le Roux of Corruption Watch said that Parliament's impeachment rules should remain as they are of the same standard as international constitutions. This comes after Mkhwebane made an application to have Parliament's impeachment rules declared unconstitutional as part of her efforts to remain in her position.
Values of the Constitution
When making her case, Le Roux made it clear that the Constitution needed to be as transparent, responsive and accountable as possible, also adding that the Public Protector is meant to strengthen constitutional democracy, reports EWN.
According to le Roux, if Mkhwebane succeeds in changing Parliament's impeachment rules, it may result in the public losing confidence in the office and also officials disregarding the office and its rules, News24 reports.
The long process to remove Mkhwebane explained
Busisiwe Mkhwebane is about to face down an unprecedented move for someone in her position. Briefly News reported that National Assembly Speaker Thandi Modise had approved the start of the Public Protector's removal proceedings after a motion was put forward by the Democratic Alliance.
Modise had to ensure the DA's motion had been limited to a clear and substantial charge, showing Mkhwebane had committed misconduct before she could approve it. With this part of the process already undertaken, Modise will now appoint an independent panel to determine if the DA's case is viable.
Once this committee has managed to reach a quorum, the matter will be referred back to the National Assembly to be voted on if Mkhwebane's removal is called for. President Cyril Ramaphosa will then be tasked with removing the Public Protector if the majority rules in favour of her ousting.
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