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Speaker Modise Insists That Process To Remove Public Protector Is Legally Sound

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Riyaz Patel

National Assembly Speaker Thandi Modise has insisted that the regulations being applied to the removal process for Public Protector Busisiwe Mkhwebane is in line with the law.

Modise was responding to a letter in which the Public Protector claims the process to remove her was unconstitutional and unlawful.

“The Speaker has confirmed that the substantive motion complied with the form requirements in the rules. The Speaker alone may not unduly obstruct the right of any MP to table a duly compliant motion submitted in line with section 194 of the Constitution,” said parliamentary spokesperson Moloto Mothapo.

Mkhwebane’s letter followed an announcement that Modise would refer a motion tabled by the DA, requesting that Parliament initiate proceedings for Mkhwebane’s removal from office, to an independent panel of experts to conduct a preliminary assessment.

Mothapo added that the independent panel of experts still had to be established before “any decision has been made.”

Parties have until February 7 to submit preferred nominees for the panel.

Mothapo said the National Assembly and the rules of Parliament “safeguard against any risk of abuse of power or unfairness, including the inquiry process outlined in the new rules.”

Mkhwebane is currently locked in legal battles with both President Cyril Ramaphosa and Public Enterprises Minister Pravin Gordhan over her findings against both men in separate investigations.

On Friday meanwhile, former North West premier Supra Mahumapelo said the ANC would not vote with the DA in its quest to remove Mkhwebane.

“We need to put it on record that the Democratic Alliance[‘s] political antics of wanting to divide the African National Congress is not going to work. It’s bound to fail. It’s going to collapse,” said Mahumapelo.

But the ANC responded to his remarks Sunday, distancing the party from Mahumapelo’s comments, saying it had not yet discussed the matter.

“Individual leaders are elected into collectives which should work as a unit…No single person is a leader unto himself or herself, but a member of a collective which should give, considered, canvassed guidance to membership and society as a whole,” ANC spokesperson Pule Mabe said in a statement.

“Comrade Mahumapelo spoke in his personal capacity; and his views do not represent the organisation. It should be noted that the ANC has not yet discussed its position on the motion,” the statement added.

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