Parly probe into Mkhwebane should be allowed 'without delay', court told

Public Protector Busisiwe Mkhwebane’s application to stop the parliamentary inquiry continued in the Western Cape High Court on Thursday morning.

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

CAPE TOWN - Parliament said that it should be allowed to proceed with its inquiry into Public Protector Busisiwe Mkhwebane’s fitness to hold office “without delay”.

Mkhwebane’s application to stop the parliamentary inquiry continued in the Western Cape High Court on Thursday morning.

Parliament is responding to Mkhwebane's submission, which has questioned the legality of the inquiry process.

The court spent most of Wednesday hearing submissions from Mkhwebane’s legal team, which questioned the inquiry process.

Her lawyer, Advocate Dali Mpofu, also told the court that the Section 194 committee met unlawfully before the process started.

Parliament’s lawyer, Advocate Andrew Breitenbach, said that the committee had the power to convene whenever it felt that it needed to do so.

"Section 194(3) empowers and obliges the committee to do this. It’s one of those provisions which is a power coupled with a duty. Section 237 of the Constitution says when these are imposed, they must be performed diligently and without delay," Breitenbach said.

Breitenbach told the court that the investigation by the Chief Justice into the leaked SMS was not enough reason to stop the inquiry from proceeding.