Parly changed PP's conditions of employment, Mkhwebane lawyer Mpofu tells court

Part B of Pupblic Protector Busisiwe Mkhwebane’s fight to stop an inquiry into her fitness to hold office started on Monday in the Western Cape Hight Court and was expected to continue until Friday.

FILE: Public Protector Busisiwe Mkhwebane. Picture: @PublicProtector/Twitter

CAPE TOWN - Embattled Public Protector Busisiwe Mkhwebane was back in court on Monday fighting what she called “unconstitutional” rules of the National Assembly.

Her legal counsel, Advocate Dali Mpofu, also slammed National Assembly Speaker Thandi Modise, accusing her of dishonesty and continuously changing her submissions.

Part B of Mkhwebane’s fight to stop an inquiry into her fitness to hold office started on Monday in the Western Cape Hight Court and was expected to continue until Friday.

Yesterday, the court heard from Mkhwebane and the African Transformation Movement (ATM)’s legal teams how the rules governing the impeachment were unconstitutional.

Advocate Muzi Sikakane, representing the ATM, also said that the rules could not be applied retrospectively after an alleged offence.

"And I directly talk to that because a point is made that that only applies to criminal matters. But the point I’m making to the court is that the rules do not indicate the reason or whether they at all should apply retrospectively, but we know they do."

Mkhwebane’s lawyer, Mpofu called National Assembly Speaker Thandi Modise dishonest and accused Parliament of changing the Public Protector’s conditions of employment.

"Now imagine if you went to work and you say here I am. They say okay sign here you are employed. Here’s you disciplinary procedure. And then one day you read in the newspaper, no one ever told you that actually there’s a new disciplinary procedure, but you have not been consulted," Mpofu said.

The Western Cape High Court will continue hearing submissions from opposition parties and the president when the case continues on Tuesday.

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