"Not Fit and Proper": Busisiwe Mkhwebane Faces Court Bid to Be Removed From Advocates Roll
- The Legal Practice Council filed an application to remove impeached Public Protector Busisiwe Mkhwebane from the roll of advocates
- The council cited 18 grounds for the application, including dishonesty, incompetence and bias against Mkhwebane
- LPC director Ignatius Briel argued Mkhwebane is not a fit and proper person to remain an advocate based on parliamentary findings
Source: Getty Images
SOUTH AFRICA — The Legal Practice Council (LPC) has launched a formal application to have impeached former Public Protector Busisiwe Mkhwebane struck off the roll of advocates, citing 18 separate grounds for the move.
According to News 24, court papers filed by the LPC detail a range of serious concerns about Mkhwebane's conduct. Among them are allegations of dishonesty, incompetence and bias during her tenure as Public Protector.
LPC argues Mkhwebane is unfit to practice
In an affidavit submitted to court, LPC director Ignatius Briel stated that "Mkhwebane is not a fit and proper person to remain an advocate and which will justify the honourable court in ordering that the name of the respondent be struck off the roll of practitioners (advocate)."
DON'T MISS IT: Stay Away From Fake News With Our Short, Free Fact-Checking Course. Join And Get Certified!
Briel also characterised her behaviour as "unprofessional, dishonourable and unworthy conduct," drawing directly on the conclusions reached by the parliamentary Section 194 committee that investigated her fitness to hold office.
Parliament's role in the impeachment process
The Section 194 committee, which is constitutionally mandated to assess whether a Chapter 9 institution head should be removed, found sufficient cause to recommend Mkhwebane's impeachment. Parliament subsequently resolved that she be removed from her position as Public Protector, a decision that now forms a central pillar of the LPC's application.
The LPC's bid to remove her from the advocates roll represents a further consequence of the parliamentary process, potentially barring Mkhwebane from practising law altogether should the court rule in the council's favour.
Mkhwebane impeached as Public Protector
Advocate Busisiwe Mkhwebane is the first Public Protector to ever be impeached in South Africa.This comes after Members of Parliament voted with an overwhelming majority to impeach her on Monday, 11 September, for misconduct and incompetence. The vote took place following the Section 194 inquiry concluded she was not fit to serve.Mkhwebane's conduct was called into question after she was accused of leading politically charged investigations.The investigations include the South African Reserve Bank/CIEX matter, the Vrede dairy farm scam, the South African Revenue Service investigating unit and President Cyril Ramaphosa's bank statement for the CR17 campaign.
Source: Getty Images
Former Public Protector responds to impeachment
Briefly News also reported that Busisiwe Mkhwebane took to social media to respond after President Cyril Ramaphosa decided to formally fire Advocate Busisiwe Mkhwebane as the Public Protector of South Africa.Mkhwebane found out about her firing on 12 September 2023 and shared the letter issued to her Ramaphosa.
Taking to X (formerly Twitter), Mkhwebane threw shade at the Democratic Alliance and the African National Congress (ANC) for successfully removing her. She said she wished the "concomitant efficiency" used to have her removed could be used to end loadshedding. She then added that she would challenge the review proceedings for her impeachment, signifying she is not backing down.
PAY ATTENTION: Follow Briefly News on Twitter and never miss the hottest topics! Find us at @brieflyza!
Source: Briefly News
