- The green light has been given to start the removal proceedings against Busisiwe Mkhwebane
- But booting the Public Protector from her office will be no easy feat
- Briefly.co.za explores to process needed to remove the head of a Chapter 9 institution
Busisiwe Mkhwebane is about to face down an unprecedented move for someone in her position.
Briefly.co.za 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.
This panel will consist of three members and may include a judge, all must possess the legal competencies and experience to carry out their task, reports News24.
The panel has just 30 days after its appointment to conduct its assessment and consult with any relevant witnesses in the matter.
Following this, Mkhwebane will be handed copies of all the available information and given a chance to respond to the allegations against her.
After the panel concludes this, it will put forward its final recommendations, no oral submissions must be made and any minority view of the panelists must be included.
The final report then heads off to the National Assembly to be considered, it it resolves that an inquiry must proceed, the matter will then be referred to a committee and Modise will inform the president.
The inquiry's members will be appointed and the committee will then carry out the inquiry to establish the extent of the charges.
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 favor of her ousting.
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