Public Protector advocate Busisiwe Mkhwebane. Picture: Bongani Shilubane.
Public Protector advocate Busisiwe Mkhwebane. Picture: Bongani Shilubane.

Former acting speaker Tsenoli wants Mkhwebane inquiry halted pending appeal in Concourt

By Siyabonga Mkhwanazi Time of article published Aug 21, 2021

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Parliament has confirmed that former acting speaker Lechesa Tsenoli wants the ad hoc committee looking into the fitness of Public Protector Busisiwe Mkhwebane to hold office, to be halted pending the finalisation of the appeals process.

It comes after Tsenoli filed an urgent appeal in the Constitutional Court this week to appeal against the Western Cape High Court judgment.

The high court ruled against the inclusion of a judge on the panel that made a finding that Mkhwebane had a case to answer.

Retired Concourt Justice Bess Nkabinde was chairing a three-member panel appointed by former Speaker Thandi Modise to determine if there was a prima facie case against Mkhwebane.

The high court ruled on the inclusion of a lawyer for the head of a Chapter 9 institution in the committee looking into their fitness.

Spokesperson for Parliament Moloto Mothapo said Tsenoli filed urgent papers in the Concourt on Wednesday.

“In papers filed this week, Tsenoli applied to the Concourt for direct leave to appeal these two aspects of the high court’s judgment on an urgent basis.

“He also applied to the (Western Cape HIgh Court) for conditional leave to appeal to the Supreme Court of Appeal, if the Concourt rejects the application,” said Mothapo.

“Tsenoli has recommended that the Section194 committee considers suspending its process pending the outcomes of the present applications for leave to appeal,” he said.

The committee was set up two months ago to investigate Mkhwebane’s fitness to hold office.

It comprises members of parties in the national assembly.

UDM leader Bantu Holomisa asked Modise to allow smaller parties in the committee to have equal vote with larger parties.

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