Parliament appeals Mkhwebane judgment

By Siyabonga Mkhwanazi Time of article published Aug 13, 2021

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Siyabonga Mkhwanazi

PARLIAMENT has decided to appeal the Western Cape High Court judgment on the inquiry against Public Protector Busisiwe Mkhwebane.

The court had made adverse findings against Parliament on two aspects that relate to the use of a judge in the independent panel and the legal representative of the public protector.

The meeting of the rules committee decided on Friday that Parliament must appeal the judgment of the High Court related to the two findings.

Acting Speaker Lechesa Tsenoli said the appeal must be done expeditiously.

The other parties say the appeal must be lodged with the court. They want the inquiry into Mkhwebane’s fitness to hold office to continue.

However, the appeal would be a first step in ensuring that issues raised by the judgment are addressed.

The ad hoc committee into Mkhwebane’s fitness to hold office had been established and it had earmarked January next year to finalise its work.

But the judgment led to the rules committee meeting to consider the implication on the inquiry.

Tsenoli said the judgment must be appealed.

He said the arguments raised were important for Parliament.

“Let’s go and consider the advice on how we can frame that appeal, so that that appeal can be handled expeditiously,” said Tsenoli.

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