Parly undecided on whether to proceed with inquiry into Mkhwebane

Last month, the Western Cape High Court found that certain parliamentary rules used to impeach Mkhwebane were unconstitutional.

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

CAPE TOWN - Parliament is still undecided on whether to proceed with an inquiry into Public Protector Busisiwe Mkhwebane.

Last month, the Western Cape High Court found that certain parliamentary rules used to impeach Mkhwebane were unconstitutional.

How Parliament moved forward was on Friday discussed by the National Assembly rules committee.

The Western Cape High Court found that the rules used to launch the inquiry into Mkhwebane were unconstitutional.

The court ruled the use of a judge to head an independent panel, for what was essentially a political process, was wrong.

Members of the rules committee, like Corné Mulder, have rejected this finding urging Parliament to appeal the judgment.

"With regard to the judge on the panel, it's not unheard of to involve the judiciary or judges or retired judges in different processes where it is needed, for example, the electoral commission has just used retired judge Moseneke to do some work for them."

National Assembly secretary, Masibulele Xaso, has advised that Parliament seeks further legal advice before proceeding with the inquiry.

"I would also like to suggest, chair, that we could ask legal services to advise your office specifically on the implications of the inquiry."

The committee leading the inquiry will now wait for the legal advice before deciding on a way forward.

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