Mkhwebane inquiry paused while Parly heads to ConCourt over high court findings

Parliament has decided to appeal directly to the Constitutional Court two findings of the Western Cape High Court's judgement on the constitutional validity of the new National Assembly rules governing the process to impeach Public Protector Busisiwe Mkhwebane.

FILE: Public Protector Busisiwe Mkhwebane in the Pretoria Magistrates Court on 25 March 2021. Picture: Abigail Javier/Eyewitness News

CAPE TOWN – The Parliamentary inquiry into Public Protector Busisiwe Mkhwebane's fitness to hold office has been put on hold at least for now.

This follows Parliament's decision to appeal directly to the Constitutional Court two findings of the Western Cape High Court's judgement on the constitutional validity of the new National Assembly rules governing the process to impeach Mkhwebane.

READ: Parly undecided whether to proceed with inquiry into Mkhwebane

Deputy Speaker Lechesa Tsenoli, in his capacity as acting Speaker, also applied to the Western Cape High Court for conditional leave to appeal to the supreme court of appeal, if the Constitutional Court rejects the application.

Parliament spokesperson Moloto Mothapo said Tsenoli has recommended that Section 194 committee considers suspending its process pending the outcomes of the present applications for leave to appeal.

β€œThe judgement of the high court is not clear what the implications are on the process of Section 194 committee, and the issues under dispute are of constitutional nature to the extent that they involve and inclusion of a member of the judicial arm of the state – which we believe has no harm on the public protector at all.”

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