Parly can't outsource its constitutional duties to judiciary - Mkhwebane

Public Protector Busisiwe Mkhwebane's legal representative Dali Mpofu on Wednesday questioned Parliament’s appointment of an independent panel, including a judge, to decide on her impeachment.

FILE: Public Protector Busisiwe Mkhwebane. Picture: EWN

CAPE TOWN - Public Protector Busisiwe Mkhwebane said that Parliament could not outsource its constitutional duties to the judiciary.

Her legal representative Dali Mpofu on Wednesday questioned Parliament’s appointment of an independent panel, including a judge, to decide on Mkhwebane’s impeachment.

Mpofu said on Wednesday that the thrust of Mkhwebane’s submission to the Western Cape High Court was the separation of powers.

Mkhwebane wants Parliament’s rules, which allow the appointment of a judge on its panel, to be declared invalid.

"Of course the thrust of our submission was that even assuming that the functions would be outsourced, it certainly cannot be outsourced to the judiciary because that’s just an absurdity and that’s the point…but the essence of the point they can’t outsource any constitutional obligation," Mpofu argued.

The hearing continues.

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