The National Assembly’s welcome decision to remove former public protector Busisiwe Mkhwebane came at the end of a process that took far too long.
It was an unprecedented decision by an overwhelming majority of MPs from across the political spectrum after a lengthy investigation by a parliamentary committee that went to great lengths to ensure fairness.
It found Mkhwebane guilty of misconduct and incompetence. Not only in the way she dealt with the Absa lifeboat, Vrede dairy farm and Sars “rogue unit”, but also how she managed staff in her office and used its resources.
The committee was established after an independent panel led by a retired Constitutional Court judge found prima facie evidence of misconduct and incompetence. Before it could begin its work, parliament had to adopt rules to govern the removal of the head of a sector nine institution.
For years we watched the courts reject Mkhwebane’s reports as flawed and in some cases indicating a poor grasp of the law. She was on occasion ordered to pay legal costs personally. Mkhwebane refused to be bowed and used every trick to delay.
Mkhwebane’s term of office expires in mid-October and she could have been left to serve out its remainder. But this would have been a blatant disregard of her misdeeds.
The National Assembly's decision marks an important milestone in the accountability of chapter nine institutions, and the ANC’s willingness to reconsider its position based on evidence before it.
It could, however, not be the end of the saga as the EFF has indicated it may take the committee’s report and the National Assembly’s decision on review.
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