The EFF, UDM, and ATM on Thursday rejected the Section 194 committee’s adoption of the final report on the enquiry into suspended public protector Busisiwe Mkhwebane’s fitness to hold office.
The three opposition parties said in a joint statement that the report, adopted on Tuesday, unjustly recommended Mkhwebane’s removal from office, citing incompetence and misconduct.
“This final report is the outcome of a process we deem flawed, irrational, and influenced by undue manipulation, beginning with a pre-determined objective,” reads the statement.
“It is evident that the intent was not to conduct a sincere, transparent, and impartial enquiry into advocate Mkhwebane’s competence”.
Instead, according to the parties, it appeared that those who sought a particular conclusion from the outset, seemingly disregarding contrary evidence, were orchestrating the investigation.
The parties had, throughout the enquiry, asserted that both the administrative and procedural aspects of the process were deficient.
“We recognise and understand parliament’s resource constraints. However, we caution against hastily moving through the process, as this only serves to compromise the results.”
The enquiry marked the maiden attempt by the National Assembly to initiate an impeachment process against the head of a Chapter 9 institution.
The investigation was triggered by a motion sponsored by the DA’s Natasha Mazonne based on allegations of incompetence and misconduct.
However, the parties lamented that instead of upholding the principles of justice and fairness, and dedicating sufficient resources to ensure a comprehensive process, the approach taken was lacking.
Compounding the issue, reads the statement, was the fact that the enquiry was plagued with non-credible witnesses and perceived biases by the chairperson, Qubudile Dyantyi.
Dyantyi faced legal challenges and numerous calls to recuse himself.
“Some witnesses exhibited overt animosity towards advocate Mkhwebane, unfairly placing the blame on her for their grievances. Yet, their testimonies were embraced and deemed credible.”
The three parties said it was distressing that Mkhwebane was pressured into participating in the enquiry without adequate legal representation.
“This disregard came in the face of a court judgment that upheld her right to competent and sufficient legal counsel.”
Notably, the statement reads, that even as the committee sought to wrap up its proceedings, Mkhwebane was left without legal representation.
“We have unequivocally stated our objection to the final report, primarily due to the perceived unfairness, irrationality, and procedural oversights exhibited by the committee.”
Furthermore, the parties said they reserved the right to review the report legally.
“It’s striking to observe that the DA, FF Plus, and ANC alliance seems eager to expediently push for the impeachment of heads of institutions that diligently fulfill their constitutional mandates.”
Yet, according to the EFF, UDM and ATM, they appear to have fallen short in advancing crucial programmes aimed at combating rampant unemployment, landlessness, and crime.
“It raises questions about their priorities and their genuine commitment to the betterment of the lives of our people, who are suffering from disasters in the economy.”
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa.
