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Mazzone argued that this showed that Mkhwebane had poor knowledge of the law and its constitutional mandate and was therefore in no condition to hold office.
The panel to be chaired by Judge Nkabinde, who Modise appointed after a long process of consultations with the parties represented in the National Assembly, will now determine whether there is any merit to Mazzone’s motion before a decision is instituted to initiate a deportation proceedings against Mkhwebane.
Based on these considerations, the speaker has appointed the following persons to the panel: Judge Bess Nkabinde (as chair); lawyer Dumisa Ntsebeza; and defender of Johan de Waal, “said Parliament Speaker Moloto Mothapo.
“The panel will begin its functions on a date to be announced. The panel must determine whether there is prima facie evidence to show that a public office holder committed misconduct; is disabled; or is incompetent.
“In doing so, you must provide a public office holder a reasonable opportunity to respond, in writing, to all relevant allegations.
“You cannot hold oral hearings, but you should limit your evaluation to the relevant written and recorded information presented to you. In terms of the rules, the panel must complete its work and report within 30 days. The report, in turn, should be scheduled for consideration by the house. Otherwise, the panel can determine its own working arrangements.
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