File: Public Protector Busisiwe Mkhwebane. AFP
JOHANNESBURG - Public Protector Busisiwe Mkhwebane has welcomed a Western Cape High Court ruling.
The court found that certain rules for the removal from office of Chapter 9 heads Institutions to be unconstitutional.
The findings reveal that the unconstitutionality decision relates to the denial of legal representation before a Section 194 Committee, as well as the unconstitutionality of the appointment of a judge to form part of an Independent Panel, which triggers the existence of a prima facie case.
Mkhwebane says the two points scored are sufficient reason for the process to be halted with immediate effect.
She calls for the National Assembly to allow the inevitable process of amending the Rules before their lawful implementation.
This implies that the Independent Panel which was chaired by Justice Bess Nkabinde was illegally appointed.
The findings of the Panel that the present Parliamentary Committee was consequentially appointed after the tabling of the Panel report in the National Assembly.