Mkhwebane returns to WC High Court to challenge constitutionality of Parly rules

It relates to a decision in Parliament to allow a motion for an impeachment inquiry into Mkhwebane to proceed.

FILE: Public Protector Busisiwe Mkhwebane in the Pretoria Magistrates Court on 25 March 2021. Picture: Abigail Javier/Eyewitness News

CAPE TOWN - Public Protector Busisiwe Mkhwebane on Monday returned to the Western Cape High Court to challenge the constitutionality of the rules of the National Assembly.

It relates to a decision in Parliament to allow a motion for an impeachment inquiry into Mkhwebane to proceed.

She's also calling into question National Speaker Thandi Modise's conduct when she granted the Democratic Alliance (DA)'s motion.

Mkhwebane argued that if the conduct of Speaker Thandi Modise was not consistent with the Constitution, it must be set aside.

Her legal counsel Advocate Dali Mpofu said that all parties agreed that the constitutional issues raised were weighty and of very wide direct and indirect public interest.

He said that the National Assembly rules were unconstitutional if the Speaker could issue a statement talking about Mkhwebane's possible impeachment.

“The public announcement about the process to remove our client without even informing her of the decision and only learning about it in the media is a blatant violation of her right of dignity and confidentiality and it is calculated to undermine the effectiveness of the process.”

Mkhwebane is seeking a second declarator that pertains to the constitutionality or otherwise of the conduct of the Speaker and to some extent the DA.

She said this was because of the alleged "defective" nature of the initial motion submitted by the party to initiate the Section 194 impeachment process.

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