/ 13 September 2023

Mkhwebane to challenge her removal

Pp Busisiwe Mkhwebane018 Easy Resize.com
Axed public protector Busisiwe Mkhwebane. File photo by Madelene Cronje

Axed public protector Busisiwe Mkhwebane has said she will legally challenge the proceedings that led to her removal from office following a majority vote in the National Assembly on Monday. 

“This injustice, sadly perpetrated on Steve Biko Day, will be legally challenged in review proceedings,” Mkhwebane wrote on the social media platform, X, on Wednesday, adding: “The stone the builders rejected became the cornerstone. If I perish I perish. Ngiyathokoza Mzansi and Africa.”

In a letter dated 12 September, President Cyril Ramaphosa said that in terms of section 194(3)(b) of the Constitution, “I hereby remove Adv Mkhwebane from the Office of the Public Protector on the grounds of misconduct and incompetence”. 

On Monday, the National Assembly voted 318 to 43 to remove Mkhwebane from office after the completion of a section 194 inquiry into her fitness for the position.  

Qubudile Dyantyi, the ANC MP who chaired the inquiry, said it was the most scrupulously thorough investigation parliament had conducted since the advent of democracy in South Africa in 1994.

The committee found evidence that not only sustained the main charges of misconduct and incompetence against Mkhwebane, but also brought to light more missteps in the course of critical investigations.

Mkhwebane’s seven-year term expires in mid-October.

She did not respond to the Mail & Guardian’s calls or messages.