National Assembly speaker Thandi Modise has acceded to a request to extend a parliamentary inquiry into the fitness of public protector Busisiwe Mkhwebane to hold office due to the “voluminous evidence” that needs to be assessed.
On November 25, Modise announced the appointment of a panel of retired Constitutional Court justice Bess Nkabinde as chair, advocate Dumisa Ntsebeza SC, and academic Johan de Waal SC to assess whether there is a prima facie case to justify an inquiry into Mkhwebane’s fitness to hold office.
Parliamentary spokesperson Moloto Mothapo said the panel held its first meeting on December 2, after which it made a submission to Modise requesting that the 30-day period to conduct the inquiry be extended.
“This is premised on the fact that the evidence to be assessed is voluminous and the need to provide the public protector with a reasonable period, among other things,” Mothapo said.
The panel had therefore requested the Speaker to extend its time frame to 90 days with effect from November 25.
Mothapo said the speaker considered the panel’s request and felt that it was reasonable.
“It is imperative that the panel is afforded the necessary time required to carefully study the motion and evidence and, as part of its deliberation, also afford the public protector a reasonable period to make submissions.”
Mkhwebane is facing a credibility crisis after numerous adverse findings against her in court. She has been dogged by questions about her impartiality and allegations that she is at the heart of factional battles in the ANC.
The SA Communist Party, part of the tripartite alliance with the ANC and labour federation Cosatu, has characterised Mkhwebane as a “hired gun of the fightback agenda” against President Cyril Ramaphosa’s administration.
On November 30, the high court in the Western Cape dismissed Mkhwebane’s application for leave to appeal against the judgment that rejected her bid to interdict parliament’s impeachment process against her.
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