Motion for proceedings to remove Public Protector approved by Speaker

24th January 2020 By: Sane Dhlamini - Creamer Media Senior Contributing Editor and Researcher

Motion for proceedings to remove Public Protector approved by Speaker

Public Protector Advocate, Busisiwe Mkhwebane

Proceedings in Parliament to remove the Public Protector from office were given the thumbs up on Friday by National Assembly Speaker Thandi Modise.

The Speaker received a motion from the Democratic Alliance (DA) requesting that Parliament initiate proceedings for the removal of Public Protector Advocate Busisiwe Mkhwebane.

As per new rules adopted by the National Assembly in December, any member of the National Assembly can initiate, through a substantive motion, proceedings for the removal of head of Chapter 9 institutions.

Parliamentary spokesperson Moloto Mothapo said the new rules also require the speaker to, if satisfied that the motion meets all requirements, refer the motion and any supporting documents for preliminary assessment to an independent panel.

The Speaker will also inform Parliament and President Cyril Ramaphosa of this referral. Modise has already written to political parties to propose nominees to serve on the panel “made up of fit and proper South African citizens”. Parties have until February 7 to submit their recommended nominees, after which a panel will be appointed.

The Speaker can also appoint a judge to the panel, but must consult with the Chief Justice to do so. Once appointed, the panel has 30 days to conduct and finalise a preliminary assessment on the motion proposing a Section 194 inquiry and make a recommendation to the Speaker.