THE Western Cape High Court is expected to hear Public Protector advocate Busisiwe Mkhwebane’s latest application to stop Parliament’s enquiry into whether or not there are grounds for her removal from office.
The Western Cape High Court Judge President John Hlophe, who has been found guilty of gross misconduct, is expected to hear Mkhwebane’s court challenge against Parliament’s impeachment rules.
The hearing is scheduled to be heard together with a similar challenge by Democracy in Action.
Mkhwebane’s new application is challenging the validity of the new National Assembly and seeks a declaration that the rules are unlawful, unconstitutional, invalid and void.
Mkhwebane previously compared the rules to the “Sobukwe clause”, the apartheid-era legislation used to arbitrarily extend the imprisonment of PAC leader Robert Sobukwe and insisted they were aimed solely “at the removal of Mkhwebane”.
Democracy in Action is asking the court to consider the lawfulness of how Parliament
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