Modise: Removal of PP is something Parly must alone determine

That’s the view of National Assembly Speaker Thandi Modise, who’s made submissions in the Western Cape High Court on Tuesday.

FILE: The Speaker of the National Assembly Thandi Modise. Picture: @ParliamentofRSA/Twitter

CAPE TOWN - The removal of a Public Protector or a head of a Chapter 9 institution is something the National Assembly alone must determine.

That’s the view of National Assembly Speaker Thandi Modise, who’s made submissions in the Western Cape High Court on Tuesday.

Public Protector Busisiwe Mkhawebane on Monday argued that National Assembly rules used to remove her were unconstitutional.

Mkhwebane’s fight against her removal from office by Parliament continued for a second day in the Western Cape High Court, with responses from Modise.

Advocate Andrew Breitenbach, representing Modise and Parliament, told the court that the National Assembly was constitutionally empowered to impeach Mkhwebane or any Chapter 9 head without the involvement of the courts.

“The power to determine the fitness of a person to continue to hold the office of Public Protector has been assigned by the Constitution to National Assembly and the president. This means this court should not interfere in the process unless interference is necessary to ensure the National Assembly acts within the law and fulfils its constitutional obligations.”

Breitenbach has also dismissed the argument that Parliament had altered Mkhwebane’s conditions of employment when it changed its rules.

“The main difficulty with this contention is the following: the Public Protector is not employed by anyone be it the National Assembly or anyone else.”

The case continues in the High Court.

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