Durban - The ANC has received widespread criticism on Twitter after its Justice and Correctional Services study group on Tuesday said it welcomed the decisions of Parliament’s portfolio committee on Justice and Correctional Services to refer the removal of Public Protector Busisiwe Mkhwebane to Parliament’s Rules Committee.
In a statement the committee said that currently section 194 (1) of the constitution provides for the removal of the Public Protector on the grounds of misconduct, incapacity or incompetence. The Study Group’s Chief Whip Hishaam Mohamed added that the constitution also stated that should a committee in parliament find such an adverse finding against the Public Protector then the incumbent would be removed from the Chapter Nine Institution.
“However, despite this provision, the constitution does not explicitly state the procedure that should be followed when removing the Public Protector from office.
“Therefore, it is with this in mind that parliament’s rules committee has been tasked with drafting a set of rules, that will dictate what procedure should be followed when removing the Public Protector, or the head of any Chapter Nine Institution from office,” Mohamed said in a statement.
He added that the Public Protector’s office was a cornerstone of the country’s democracy and it played a crucial role in keeping members of the executive accountable.