Busisiwe Mkhwebane: How did we get to this point?

Suspended public protector advocate Busisiwe Mkhwebane is hung on the guillotine.
On Monday, parliamentarians are expected to pull the lever and chop off her head.

Bar a miracle, which is most unlikely, Mkhwebane would become the first ombudsman in the world to be impeached — at least to most South Africans.

The courageous MPs will rise on Monday, one by one, to raise their hands and vote over her fate.

In their heads will be the voices supporting the move to axe her, citing that as a public protector, she targeted political enemies of a faction in the ANC.

The bulk of those who hold this view are supporters of President Cyril Ramaphosa and Public Enterprises Minister Pravin Gordhan.

On the other end are those who believe the attacks on her were tantamount to lynching a black woman.

The group is critical that the ANC, as Africa’s oldest liberation movement, could be coopted into an agenda to silence a black woman.

A minimum of 267 lawmakers in the ANC-dominated parliament would, as they marched up to vote, swing menacingly like a sharp axe over her torso.

Champagne will pop and flow in certain corners, where critics believe she is the devil reincarnated.

Mkhwebane was appointed in 2016, taking over from advocate Thuli Madonsela.


Her seven-year tenure was due to formally end in October, approximately 20 days from today. This week, she pleaded with MPs for space to finish her term.

Last month, the parliamentary committee that probed her fitness to hold office recommended her removal.

But the EFF threatened to take the report to judicial review, saying that the ANC and DA came to the inquiry with a predetermined outcome. The UDM and ATM supported the EFF.

Under ANC MP Qubudile Dyantyi’s chairpersonship, a Section 194 committee started the impeachment process last year.

The DA complained against Mkhwebane, spearheaded by party MP Natasha Mazzone.
An independent panel of legal experts whittled down Mazzone’s complaint to four charges.

However, when it started, the committee insisted on probing all of Mazzone’s allegations, including complaints from disgruntled staff members.

The decision is at the centre of the dispute over whether it was Mkhwebane’s or the committee’s fault that the proceedings ran beyond the scheduled time.
This resulted in additional expenses.

Mkhwebane fought for legal representation during the proceedings and succeeded. She brought legal eagle Adv. Dali Mpofu to represent her.

However, the victory triggered questions over her legal bill, which saw the committee hit by stop-and-start moments.

The DA is the second-largest political party in the National Assembly, with 84 members.
Following that, the ANC, which has 230 members, supported the motion. The Freedom Front Plus, with 10 members, also joined the onslaught.

Between the three parties, they have 324 members. This is more than sufficient to constitute the required threshold of 267 votes for Mkhwebane’s removal.

Last week, the ATM asked for a secret ballot for the vote on the impeachment report.
Among the reasons, they cited allegations of a politically predetermined outcome.

They also mentioned the use of the “party line” method and the potential for the ANC to coerce its census members to vote in favor of the removal.

Also, the late ANC MP Tina Joemat-Pettersson, who was a member of the committee, implicated Dyantyi and ANC chief whip Pammy Majodina in bribery allegations.

But she recently died mysteriously, much to Mkhwebane’s detractors’ delight. The results of an autopsy into her unexpected death are yet to be published.

She alleged in audio recordings and text messages to Mkhwebane’s husband, David

Skosana, that a R200k bribe would ensure that the committee never issues adverse findings against her.

But National Assembly Speaker Nosiviwe Mapisa-Nqakula declined the request.

While the Hawks’ investigation into the bribery allegations was ongoing, Parliament’s ethics committee cleared Dyantyi and Majodina last week, citing a lack of evidence.

 

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