Parly heads to ConCourt over High Court findings related to Mkhwebane inquiry

The Constitutional Court is expected to hear whether the appointment of a judge to the independent panel looking into Public Protector Busisiwe Mkhwebane's fitness to hold office is compliant with the separation of powers doctrine.

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

JOHANNESBURG - The saga involving Public Protector Busisiswe Mkhwebane’s fitness to hold office heads to the Constitutional Court on Monday.

The parliamentary inquiry into Mkhwebane's fitness to hold office was suspended in August.

This came after Parliament's decision to appeal directly to the apex court on two findings of the Western Cape High Court's judgment on the constitutional validity of the new National Assembly rules governing the process to impeach her.

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The Constitutional Court is expected to hear whether the appointment of a judge to the independent panel is compliant with the separation of powers doctrine.

Earlier this year, the High Court ruled in favour of Mkhwebane on two constitutional grounds relating to the separation of powers and her right to have legal representation during a parliamentary inquiry into her fitness to hold office.

Spokesperson for the Public Protector, Oupa Segalwe: "The Constitutional Court will hear applications by the Speaker of the National Assembly and the DA for leave to appeal the judgment of the full bench of the Western Cape High Court, which in July found aspects of the rules which the National Assembly processed to remove the Public Protector from office unconstitutional. Specifically, the High Court found fault with the rules insofar as they deny the Public Protector a right to legal representation."

The Democratic Alliance (DA) brought the motion for Mkhwebane’s impeachment following findings by the Constitutional Court that she had been dishonest and acted in bad faith in litigation she had been involved in.