Parliament informed that a section 194 committee examining the suitability of state defense nurse Busisiwe Mkhwebane would meet on Wednesday.
This happened days after the Constitutional Court rejected Mkhwebane’s resignation request last Friday. This paved the way for the legislature to continue the investigation.
The decision of the Constitutional Court is not amusing Mkhwebane’s request to withdraw Stopping his removal from office was his last chance, but he is still on the fight.
Mkhwebane did not give up. He prosecuted lawyers for parliament last week over an SMS leaked weeks ahead of the outcome of his resignation request.
“This leak, if proven, is clearly a threat to the structure of our democracy, the rule of law and the much-needed independence of the judiciary. So the country has no choice but to go to the end of the thing. It can’t be swept under the rug, it can’t be normal business, ”says Mkhwebane.
He says his office relied on the Public Defense Act to investigate the leak.
“It has not yet been revealed whether the leak came from members of the Constitutional Court, the administration within the judiciary, so we need to investigate and assist in this particular case as well. so if it came from the administration who are employees of the Department of Justice, the public defender has clear jurisdiction over the matter, ”Mkhwebane explains.
According to Judges Matter, the criminal case will have no effect on the assessment of suitability for office. He argues that the Constitutional Court’s rejection of Mkhwebane’s resignation has a number of consequences.
“The first consequence is that the case, which would have been heard in the Western Cape Supreme Court on 18 and 19 May, will fail. The reason for this is that the dispute that caused the case has now been resolved, and that means the case is controversial. The second consequence is that the parliament may continue to investigate the suitability of Mkhwebane, a public defender, to fill the office. As a consequence, the President may suspend Adv Mkhwebane until the Section 194 investigation is closed. Although the public defender has initiated criminal proceedings in connection with the SMS sent to parliament’s lawyers, this does not affect Section 194 investigations in parliament, and it can be conducted independently of the criminal proceedings, ”says Mbjaeli Benjamin, Matter’s judges.
According to the Parliament, it welcomes the rejection of Mkhwebane’s request to withdraw.
Moloto Mothapo, a spokesman for the National Assembly, said: “So what are we waiting for, following the decision of the Constitutional Court, which we welcome, because it is important that in the present case before the Supreme Court of the Western Cape because the now rejected application for withdrawal had a direct effect on that particular case because he wanted to prohibit the pending investigation under section 194 pending the decision of the Constitutional Court, so we need to know what to do next connection. “
The national legislature hopes that the examination of Mkhwebane’s suitability for office will be completed before the end of the year.
“The Section 194 meeting will continue the investigation. And as we said, nothing ever prevented him from continuing his work. And we hope that within a few months they will be able to close their case and make proposals before the House for consideration before the sitting of Parliament, of course a two-thirds majority would be needed to reach a decision. thus, it is up to the members of the House to agree or disagree with the reports, recommendations and findings, ”Mothapo explains.
And to get a two-thirds majority to remove a state protector from office would require a vote of 266-267 members of parliament in favor of his proposal to dismiss him.
The Section 194 Committee will meet on Wednesday to examine Mkhwebane’s suitability for office: Parliament – SABC News
Source link The Section 194 Committee will meet on Wednesday to examine Mkhwebane’s suitability for office: Parliament – SABC News