Mkhwebane loses court bid to halt Parly proceedings to impeach her
It was a definitive moment for the Public Protector as Friday’s High Court ruling paved the way for the inquiry to proceed.
CAPE TOWN - Public Protector Busisiwe Mkhwebane on Friday lost the first league of her court application to stop a parliamentary inquiry into her fitness to hold office.
The Western Cape High Court dismissed Mkhwebane’s interim interdict to suspend the process, pending a judicial review of the decision by National Assembly Speaker Thandi Modise to accept a motion calling for her removal.
Mkhwebane is also challenging the new National Assembly rules dealing with the removal of a head of a Chapter 9 institution.
It was a definitive moment for Mkhwebane as Friday’s High Court ruling paved the way for the inquiry to proceed.
Her application was divided into two parts.
In part A, Mkhwebane wanted an interim interdict to suspend the removal process. Part B of her application related to declaring the rules for the removal of a Chapter 9 head unlawful, unconstitutional, invalid, null and void.
Mkhwebane also wanted the court to declare the rules did not operate retrospectively against her. She also wanted the National Assembly’s decision in adopting the rules, reviewed and set aside.
Handing down his ruling, Judge Vincent Saldanha said the speaker had a critical role in the process to remove Mkhwebane under the new rules and was required to act fairly and impartially.
In dismissing part A of her application, Saldanha also ordered Mkhwebane pay Modise and the National Assembly’s costs.