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DA: Statement by Dene Smuts, Democratic Alliance Shadow Minister of Justice and Constitutional Development, on the ANC (01/10/2009)

1st October 2009

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The ANC is doing right thing in asking the President, through the Speaker's office, to delay the appointment of Adv Loyiso Mpumlwana to the SA Human Rights Commission. He was their choice for the Commission and it is appropriate that they should initiate a review of the decision.

Strictly speaking, the ANC should not be taking this step on its own - but the National Assembly is not in session and there is no time left before the President signs the National Assembly's recommended names into office. Once appointed, a Commissioner can in term of Chapter Nine of the Constitution only be removed after an inquiry by a committee of Parliament.

Adv Mpumlwana must be given an opportunity to respond to allegations that he lost his post at the Eastern Cape TRC for reasons that would render him unfit for office as a Human Rights Commissioner. If he was indeed sacked after being found guilty of various charges, the DA would urge him to withdraw his candidacy now - and allow the NA to recommend another candidate.

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