The challenge to the rules of the National Assembly by which the heads of the institutions of Chapter Nine can be removed from their functions has entered a new phase.
following a challenge from the Québec Ombudsman which was heard from Monday to Wednesday, the Western Cape High Court began hearing a challenge from the Democracy In Action (DIA) group.
The DIA introduced a new challenge that was not raised by the Québec Ombudsman. They say the new rules are unconstitutional because they do not involve public participation.
The DIA openly supported the Québec Ombudsman in its legal problems. The organization has already raised thousands of rand to help cover some of the personal costs imposed by the courts.
Their legal representative, lawyer Vuyani Ngalwana, says rule making is a legislative process and therefore should have been discussed with a wide range of South Africans.
The DIA argues that Parliament does not have the power to pass a rule:
Like the Québec Ombudsman earlier this week, the DIA also argued that the President’s appointment of a judge was unconstitutional.
Based on the rules, President Thandi Modise had appointed a panel of experts headed by retired judge Bess Nkabinde to advise her on the advisability of a parliamentary inquiry.
Ngalwana says the President does not have such authority. Another of the DIA’s lawyers, lawyer Nomgcobo Jiba, says that, like judges, whose decisions are regularly overturned by higher courts, the Ombudsman should not be indicted for incorrect decisions.
Jiba was once deputy national director of criminal prosecutions until she was impeached by President Cyril Ramaphosa in 2019 following an investigation that recommended her impeachment. She has since returned to practice as a lawyer after starting her career from scratch.
Lawyer Andrew Breitenbach for the president told the court that nowhere in the constitution is there a requirement for Parliament to pass legislation for the removal of heads of Chapter Nine institutions as suggested by the DIA .
Mkhwebane’s challenge in court:
Democracy In Action brings new argument against rules governing Chapter Nine institutions – SABC News
Source link Democracy In Action brings new argument against rules governing Chapter Nine institutions – SABC News