President Cyril Ramaphosa has, in accordance with Section 194(3) (b) of the Constitution, removed Advocate Busisiwe Mkhwebane from the Office of the Public Protector on the grounds of misconduct and incompetence.
Her removal follows the National Assembly (NA) debate and vote on the Section 194 committee report, which found Adv. Mkhwebane to have misconducted herself and that she was incompetent.
The NA resolved with the requisite two-thirds majority that Advocate Mkhwebane be removed from the Office of the Public Protector for misconduct and incompetence.
Section 194(3)(b) of the Constitution of the Republic of South Africa stipulates that when the National Assembly adopts a resolution for the removal of the Public Protector, the President “must” remove the Public Protector from office.
Accordingly, President Ramaphosa has informed Advocate Mkhwebane of the action to remove her from the Office of the Public Protector.
All members of the ANC and the DA were in favour of her removal, while members of the EFF voted against it.
Cope's Mosiuoa Lekota was the only one to abstain.
Commenting afterwards, the Democratic Alliance said it was the only party to oppose Mkhwebane’s appointment in 2016.
“For the last seven years, we held firm in our conviction that she is not a suitable individual to occupy the office of Public Protector,” said Chief Whip, Siviwe Gwarube.
She said while the Public Protector “had employed all sorts of Stalingrad tactics, costing the taxpayer more than R160 million as she disgracefully hung on, Parliament finally rectified this today.”
Freedom Front Plus Chief Whip, Dr Corne’ Mulder, said Mkhwebane had failed the public and was more concerned about her own interests than protecting the public.
“The process to remove her from office was the first of its kind since 1994 where an attempt was made to get rid of the chairperson of a Chapter 9 Institution.”
Mkhwebane took to Twitter hours before the announcement was made to the public.
DA/ANC MISSION ACCOMPLISHED! I wish we could see such “concomitant efficiency” to end loadshedding?
— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) September 13, 2023
This injustice,sadly perpetrated on Steve Biko Day,will be legally challenged in review proceedings.
The stone the builders rejected became the cornerstone. If I perish I perish.… pic.twitter.com/pbrbxrqPDD
