As Public Protector Busisiwe Mkhwebane’s fate lies in the National Assembly, this comes 32 days before her non-renewable term of office comes to an end next month.
She will be the first head of an institution supporting constitutional democracy under Chapter 9 of the Constitution, to be removed from office. That’s if 267 of the 400 Members of the Assembly support her removal.
History will also be made for the Democratic Alliance which initiated the process.
The DA will be the first party to have successfully tabled a motion for the removal of a head of a Chapter Nine institution if Mkhwebane is successfully removed this afternoon.
Adv. Busisiwe Mkhwebane convinced her suspension is over:
It started with a motion brought by DA MP Natasha Mazonne who invoked Section 194 (1)(a) of the constitution which makes provision for a Public Protector to be removed only on grounds of misconduct, incapacity or incompetence.
The second step was to establish a Section 194 Committee which conducted an inquiry into her fitness to hold office and ultimately recommended Mkhwebane’s removal.
The the next phase is for the committee report to be brought before the House for debate and get the final approval of the Assembly.
This requires at least two thirds majority vote and if successful, then the President must remove the Public Protector from office as provided in Section 194 (3)(b) of the Constitution.