Public protector Busisiwe Mkhwebane is not pleased that parliament’s Committee for Section 194 Enquiry resolved to go ahead with the impeachment inquiry into her fitness to hold office.
This after the committee, which was established in April 2021 to determine if there are grounds for the removal of Mkhwebane as the public protector, announced on Wednesday that she would finally get a chance to defend herself in parliament in July.
In a statement on Wednesday, the public protector’s office said: “[Mkhwebane] notes with regret the decision of the parliamentary Section 194 Committee to commence the impeachment inquiry in July 2022.”
Although she is disappointed, Mkhwebane said she has nothing to hide and does not have issues with the inquiry if it is “lawful”.
“The public protector is on record that any lawful inquiry should proceed as soon as possible. She is confident that no legitimate inquiry will find her guilty of the charges brought by the Democratic Alliance [DA],” said Mkhwebane’s office.
“However, the decision to start an inquiry in the present atmosphere, which is littered with allegations of conflicts of interest, illegality and even alleged corruption and other criminal conduct, is totally unacceptable.”
Initially, the DA and the Council for the Advancement of the South African Constitution launched applications to have Mkhwebane investigated in relation to the Free State’s department of agriculture’s Vrede Integrated Dairy Project.
The two complainants sought to review and set aside the public protector’s report because it was alleged that she acted unlawfully and in violation of her constitutional mandate in terms of section 182(1) of the constitution and sections 6 and 7 of the Public Protector’s Act 23 of 1994.
Mkhwebane has tried numerous times to stop the process. In March, President Cyril Ramaphosa asked her to give reasons why she should not be suspended.
Earlier in May, the Constitutional Court dismissed her application to overturn its ruling in favour of an impeachment inquiry into her fitness to hold office.
In dismissing her application, the apex court said it would not entertain any further arguments because Mkhwebane’s application did not establish any rescindable errors in the judgment. It ruled: “There are also no exceptional circumstances that warrant the rescission of the judgment.
“Therefore, the court has concluded that the application should be dismissed as no case has been made out for rescission. The court has concluded that the application for direct access should be dismissed as no case has been made out for direct access.”
The ConCourt’s ruling came after Mkhwebane opened a criminal case against Ismail Abramjee regarding a text message he sent to Andrew Breitenbach, the lead senior counsel for the Speaker of the National Assembly.
In the controversial text, Abramjee indicated that he had it “on good authority” that the ConCourt had decided to dismiss the public protector’s rescission application.
Chief Justice Raymond Zondo is probing the allegations of corruption implicating Abramjee. According to Mkhwebane, the investigation will have a huge bearing on all processes related to her impeachment inquiry.
She suggests that all “reasonable people and institutions” wait for the findings. “No legitimate court or parliamentary step ought to be taken until the outcome of the pending investigation is known,” Mkhwebane said on Wednesday, affirming that she would leave no stone unturned in the quest for justice.
He office added: “It is her duty to protect the public from alleged wrongdoing and/or criminality by any person or public institution even at the highest level of the state.”
Also read: Mkhwebane to appear before parliament’s inquiry committee in July
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