The rules of parliament drafted to deal with the removal of the public protector exceeded the bounds of the constitution by attempting to qualify the grounds for impeachment, advocate
Dali Mpofu argued on behalf of
Busisiwe Mkhwebane in the
Western Cape high court on Monday.
Stressing that Mkhwebane’s challenge to the process had nothing to do with her guilt or innocence, Mpofu told the court that the question of lack of constitutionality could be applied “like a refrain” to the legislature’s rules.
He pointed to section 194(1)(a) of the constitution, which gives the acceptable grounds for removal of the incumbent as “misconduct, incapacity or incompetence”, and said others may be imputed to the National Assembly.
In a statement issued on Monday morning, parliament stated that the rules “merely operationalise the grounds for removal of chapter nine office bearers and do not tamper with the grounds for their removal”, as specified in the constitution.