Judgment reserved in Mkhwebane’s impeachment challenge

Advocate Mkhwebane approached the Western Cape High Court to declare the National Assembly's rules for the removal of a Chapter 9 institution head invalid.

FILE: Public Protector Busisiwe Mkhwebane. Picture: Abigail Javier/Eyewitness News.

CAPE TOWN - Judgment has been reserved in the Public Protector Busisiwe Mkhwebane's challenge of parliamentary impeachment rules.

Advocate Mkhwebane approached the Western Cape High Court to declare the National Assembly's rules for the removal of a Chapter 9 institution head invalid.

In March, the house voted in favour of the establishment of a special committee to probe her fitness to hold office.

In her submissions, the Public Protector highlighted the concept of the separation of powers, questioning how a retired judge can serve on a panel tasked with probing her fitness to hold office.

National Assembly Speaker Thandi Modise and President Cyril Ramaphosa argue there's no bias against her.

They maintain the National Assembly is constitutionally obliged to institute impeachment proceedings against her.

The Democratic Alliance is also opposing Mkhwebane's application and their advocate, Steven Budlender, argues every office bearer under the Constitution can be removed.

Civil society organization Democracy in Action has joined the matter in support of the Public Protector's application.

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