Busisiwe Mkhwebane has been shown the door by Parliament after an inquiry found her guilty of misconduct.
THE NATIONAL Assembly was able to muster the two-thirds majority needed to remove Busisiwe Mkhwebane as the public protector.
The removal of Mkhwebane follows months of investigation, during which an inquiry was set up to determine her fitness to hold office.
After voting by political parties, Speaker Nosiviwe Mapisa-Nqakula announced that Mkhwebane has been removed from office after a majority of 318 members voted in support of her removal, 43 members voted against her removal and only one member abstained.
“The question is agreed to, and advocate B Mkhwebane is accordingly removed from the Office of the Public Protector according to the recommendation of this House,” said Mapisa-Nqakula.
During the debate on her removal, the ANC said Mkhwebane had over a period of time proven that she was not fit for office.
The chairperson of the inquiry, Qubudile Dyantyi, said Mkhwebane was accountable to Parliament and she had failed in her duties and the national legislature had to take action.
“The committee thus found itself in an unenviable position, one that every South African would hope is never repeated, where it had to hold to account the very person appointed to investigate impropriety and improper conduct in state affairs. The charges against advocate Mkhwebane based on the grounds of misconduct and incompetence were serious and related largely to matters in which all South Africans have an interest and which impacted us all,” said Dyantyi.
But the EFF, the United Democratic Movement (UDM), and the African Transformation Movement (ATM) said the charges against Mkhwebane were frivolous and were designed to protect President Cyril Ramaphosa.
EFF MP Omphile Maotwe said they reserve their right to take the Section 194 report on judicial review because the process was unfair.
She said the process was littered with many inconsistencies, and Mkhwebane was not even provided with legal representatives from March.
“We reject the report, and we reject the political witch-hunt initiated by the Democratic Alliance (DA) and supported by the ANC to punish advocate Mkhwebane in order to protect Mr Ramaphosa,” said Maotwe.
After the vote by members of the National Assembly, the report will now be sent to President Ramaphosa to approve it.
