On Sunday the Sunday Times reported that Mkhwebane had in a letter accused Speaker Thandi Modise of violating the Constitution for acceding to the DA proposal to resume the process to probe her fitness to hold office. Parliamentary spokesperson Moloto Mothapo is quoted as confirming that Modise has responded to the Mkhwebane letter.
The Sunday Times said Mkhwebane argues that Parliament has no rules on the procedure to follow to effect her removal. She reportedly wrote in her letter: “Unlike in the case of removal of judicial officers or the president, there are no rules specifically adopted by the National Assembly to deal with the removal of the public protector.
“Instead, the committee is given a free hand to adopt a clearly unlawful and unconstitutional process where the public protector is simply called to a meeting and berated about cases that are pending in the Constitutional Court and the Supreme Court of Appeal.”
Lawson Naidoo, executive secretary of the Council for the Advancement of the South African Constitution, said it was wholly inappropriate for someone who was accountable to Parliament to threaten the national legislature against holding them to account.