THE Western Cape High Court has dismissed Public Protector Busisiwe Mkhwebane’s application to have the parliamentary impeachment rules declared unconstitutional.
The ruling was handed down in Cape Town on Wednesday.
The court also ruled that Mkhwebane would be allowed to have legal representation before the Section 194 committee.
Public protector’s Spokesperson Oupa Segalwe says the public protector’s legal team is studying the judgment.
“It is already clear that two of the most important findings of unconstitutionality relate to the denial of legal representation before a Section 194 committee, established in terms of section 194 of the Constitution, as well as the unconstitutionality of the appointment of a judge to form part of an independent panel, which makes the trigger decision of the existence of a prima facie case.”
He has urged the National Assembly allow fair processes before implementation.
“A call is accordingly made to the National Assembly to do the right thing and allow for the inevitable process of amending the rules before their lawful implementation.
The National Assembly should take the opportunity to rectify other weaknesses identified and criticised by the court including those which may not necessarily have been declared unconstitutional at this stage.
“Any rushed process can only result in another wasteful, flawed, and illegal outcome.”
In October last year, Mkhwebane lost her bid to stop Parliament from continuing with the impeachment process.
The motion was brought by the DA following several scathing judgments and court findings against her.
Last month, Western Cape Judge President John Hlophe recused himself from the case after receiving a letter from the DA.
Meanwhile, the investigation into the fitness of to hold office will continue as planned.
Mkhwebane had approached the Western Cape High Court to block the process but lost her bid to halt the inquiry.
She also lost a subsequent bid to get direct access to the Constitutional Court to appeal the matter.
An independent review panel, appointed by speaker Thandi Modise, found there was a prima facie case for parliament to remove Mkhwebane.
The committee heard the final report on the matter will be finalised and handed to the National Assembly on January 13 2022.
Next week the committee is expected to sit to begin its work.
- Own Correspondent
