Public protector claims only God can remove her from office

TheChamp

Honorary Master
Joined
Feb 26, 2011
Messages
39,636
Interesting that the Freedom Front was against Holomisa's position, I wonder what were their reasons?

Anyway she is right that it won't change much but it is still the right thing to do.
 

schumi

Honorary Master
Joined
Mar 26, 2010
Messages
24,439

Mkhwebane’s counsel says rules for her removal are unsalvageable​


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.

More at: https://mg.co.za/news/2021-06-07-mkhwebanes-counsel-says-rules-for-her-removal-are-unsalvageable/
 

surface

Honorary Master
Joined
Oct 23, 2006
Messages
16,165
Interesting composition. Also N24 didn't mention names of committee members but jacaranda got it right.

 

ToxicBunny

Oi! Leave me out of this...
Joined
Apr 8, 2006
Messages
97,914

surface

Honorary Master
Joined
Oct 23, 2006
Messages
16,165
jirre.. this cretin is going to declare massive victory never seen before in the annals of law now.

The ruling did, however, have some relief for Mkwhebane. Judges Elizabeth Baartman, Lister Nuku and Mokgoatji Dolamo ruled that the rules are amended to allow a Chapter 9 head legal representation when appearing before a Section 194 committee - the committee that handles the impeachment proceedings.
 

ponder

Honorary Master
Joined
Jan 22, 2005
Messages
88,355
jirre.. this cretin is going to declare massive victory never seen before in the annals of law now.

By that timeline she would only have about a year left in office and by the time proceedings conclude she would probably be out of office already making them pretty much moot.

If she is allowed legal council in what basically amounts to a disciplinary hearing I don't see why employees in other spheres aren't afforded the same privilege?

Based on all the damming rulings against her relating to her competence, lying & subversion of justice the JSC/bar should have had proceedings against her by now referred to a high court and struck from the roll but we all know they are also useless policing their own.
 
Top