Advocate Busisiwe Mkhwebane is on a sabbatical that ends on 31 March but considering the developments in her competency case, she may not be granted a welcomed return to finish her term.
Busisiwe Mkhwebane competency case goes ahead
On Monday, an independent panel of legal experts filed a 119-page report on the Public Protector’s handling of investigations like the notorious Estina dairy saga, the CR17 bank statements, the Absa-Bankkorp case and others.
In its review of the DA’s impeachment application that was filed by Chief Whip Natasha Mazonne in February 2020, the panel found sufficient prima facie evidence for an inquiry into Mkhwebane’s competence.
Part of the motivation in reaching this conclusion, Parliament spokesperson Moloto Mothapo revealed, was found in instances where Mkhwebane abused her Section 9 Constitutional powers and her flawed interpretation of the law.
“Examples of such incompetence are… incorrect interpretation of the law and other patent legal errors, failure to give audi (right to be heard) to the affected persons, incorrect factual analysis, sustained lack of knowledge to carry out duties and/or inability or skill to perform the duties effectively and efficiently as required by the Constitution,” Mothapo said.
Is this a smear campaign? – Floyd Shivambu sends warning shots
For clarity’s sake, the panel’s report has not ruled that Mkhwebane is incompetent, only that there are enough grounds to call for a Parliamentary inquiry into her conduct, a process that will probably take years to conclude.
Understanding this, Mazzone issued a statement, calling on Parliament to expedite the process, seeing that it had already lost a lot of steam since her application a year ago.
“We are pleased by these findings and urge Parliament to institute the removal proceedings against Mkhwebane without delay,” she said.
No word has been heard from Parliament or Mkhwebane’s office on the outcomes of the report. However, EFF deputy leader Floyd Shivambu has sent out warning shots to the higher powers, claiming that “the Public Protector is not going anywhere.”
“She will finish her seven-year term in office,” he warned.
The Public Protector @AdvBMkhwebane is not going anywhere. She will finish her 7 year term in office.
— Floyd Shivambu (@FloydShivambu) March 1, 2021