Suspended public protector vows to fight to ‘the bitter end’

Suspended Public protector Advocate Busisiwe Mkhwebane will brief the media on the outcomes of the section 194 inquiry after the committee found her guilty . Photo Timothy Bernard African news agency

Suspended Public protector Advocate Busisiwe Mkhwebane will brief the media on the outcomes of the section 194 inquiry after the committee found her guilty . Photo Timothy Bernard African news agency

Published Aug 31, 2023

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Johannesburg - Defiant suspended public protector advocate Busisiwe Mkhwebane has vowed to continue fighting her recent removal from office until the bitter end.

Addressing a media briefing in Midrand yesterday, Mkhwebane indicated that she would be taking the Section 194 Inquiry Report on review.

She added that she is still finalising her legal strategy to ensure she succeeds in her endeavours after the committee recommended her removal from her office.

“I will fight the dark forces to the bitter end. If I perish, I perish… We are still finalising the strategy on whether to interdict while reviewing or lodge a review application,” she said.

Last week, the parliamentary inquiry into her fitness to hold office, headed by Richard Dyantyi, found her guilty on charges of misconduct and incompetence following months of public hearings.

This ruling paved the way for Mkhwebane to be recalled just under two months before her seven-year term was due to come to an end in October.

Mkhwebane said she has been treated unfairly by the DA as well as the Section 194 committee.

The DA has also objected to her receiving her R10 million gratuity.

“The process is driven by a mistaken desire to deny me my hardearned benefits, which cannot be taken away in terms of the law.

“Neither the National Assembly nor the president is entitled to act in any manner that is so plainly irrational, illegal, and driven by ulterior and improper motives,” she said.

She said the DA’s desire to see her suffer would not succeed.

“In order for the dreams of the DA to be fulfilled, within the month of September, the item must be scheduled in the programme of the National Assembly, the votes for the two-thirds majority must then take place, the report must be sent to the president, and he must send me a letter of removal.

“Without a proper motive, this is impossible to achieve,” she added.

The committee headed by ANC member Dyantyi indicated that Mkhwebane failed to make a written representation on its draft report sent to her on August 11, with an opportunity to revert to it in 10 days on August 21.

The committee then moved to recall her from her office, with committee members from the ANC, ACDP, Freedom Front Plus and IFP all voting against her, while the EFF and the ATM all supported Mkhwebane.

It is now expected that the report will be adopted by a two-thirds majority in the National Assembly.

On Tuesday, the DA said it had called for the prompt tabling of the Section 194 committee’s final report in a bid to prevent her from receiving the R10m gratuity when her term ends on October 14.

Once the matter is tabled, it will need at least 267 of the 400 MPs to vote in favour of her impeachment before Ramaphosa is forced to remove her from office.

The DA, through deputy chief whip Annelie Lotriet, accused Mkhwebane of employing delay tactics.

“Her aim is to secure a gratuity of R10m that she will receive when she completes her term by ensuring that she is not impeached before then,” Lotriet said.

The Star