The matter of the Public Protector challenging parliament’s rules on how to remove the head of a Chapter Nine institution is currently under way in the Cape Town High Court.
Parliament has drawn up new rules with regard to this, following the Democratic Alliance (DA)’s request for the Public Protector, Busisiwe Mkhwebane, to be removed from her position, citing incompetence.
The rules are applicable to all heads of Chapter Nine institutions. But Mkhwebane has challenged the rules, saying they are unconstitutional and invalid.
Her legal team is arguing for the process to establish a panel to investigate the possibility of removal should be suspended.
Advocate Dali Mpofu is representing Mkhwebane. He argues that impeachment proceedings can’t be implemented with invalid rules.
Mpofu maintains that there’s been a vendetta against Mkhwebane.