National Assembly Speaker Thandi Modise has selected three candidates to serve on the panel that will assess Public Protector Busisiwe Mkhwebane’s competencies, following a motion from Democratic Alliance Chief Whip Natasha Mazzone to remove Mkhwebane from office.
Letters of invitation have been sent to the candidates to accept or decline and to ascertain whether the process is feasible during the coronavirus (Covid-19) pandemic.
On Friday, Parliament provided an update on the appointment of the panel, saying if the responses came back negative, depending on the issues raised, Modise will either hold over the appointments until a later date or take steps aimed at the appointment of other person/s to the panel.
Further, if a judge is appointed to the panel, the Speaker must consult with the Chief Justice in making the appointment.
One of the panellists must be appointed chairperson of the panel, which must complete its assessment and report, which must include recommendations with reasons and any minority views of panellists, to the National Assembly within 30 days of its formal appointment.
“In determining whether there is prima facie evidence to sustain the motion’s complaints, the Panel may, in its sole discretion, provide any National Assembly member with an opportunity to place written or recorded information before it within a specified timeframe. The Panel must, without delay, provide the incumbent with copies of all information available to it relating to the assessment. It must also provide the incumbent with a reasonable opportunity to respond in writing to the relevant allegations against her. The Panel may not hold oral hearings and will be limited to an assessment of the record before it,” Parliament explained.
Following the panel’s recommendations, it goes to the National Assembly for a decision.
If the National Assembly decides the inquiry should go ahead, it must be referred to a special Section 194 committee.
The names of the panel members will be announced following confirmed appointments.
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