Twitter (@AdvBMkwhebane)
An independent panel established to conduct a preliminary assessment on the competence of the Public Protector (PP) Busisiwe Mkhwebane has found that there was substantial information that constitutes prima facie evidence of incompetence.
The Panel handed over their findings to the Speaker of the National Assembly, Thandi Modise, on Monday.
The three-member panel, established in terms of the National Assembly Rules, based their findings on information consisting of motions against the PP, numerous reports and pleadings filed in litigation in various courts.
The information included judgments as well as written responses from Mkhwebane.
The charges related to several high profile matters including the South African Reserve Bank, Vrede Dairy Project, the Rogue Unit case involving Praving Gordan, as well as the so-called CR17 Campaign case related to the bank statements of President Cyril Ramaphosa.
The panel's Chairperson Justice B Nkabinde and Advocates D Ntsebeza SC and J De Waal SC gave examples of the PP's incompetence, stating that she overreached and exceeded the bound of her powers in terms of the Constitution, repeated errors of the same kind such as incorrect interpretation of the law and other patent legal errors.
The list goes further by pointing out the Public Protector’s sustained lack of knowledge to carry out her duties and/or inability or skill to perform the duties effectively and efficiently as required by the Constitution.
A spokesperson for Parliament Molotho Mothapo says now that the Panel has issued their report and recommendations, the matter will be referred to the Speaker who must schedule a decision in the House on whether or not a formal inquiry is needed.
