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Public protector Busisiwe Mkhwebane.
- The vote on whether the National Assembly conducts an investigation into the suitability of Public Protector Busisiwe Mkhwebane for the position will continue with the normal rules for hybrid sessions.
- This means that a deputy who does not agree with the line of his party, will have to declare it publicly.
- Voting will take place on March 16.
MPs who do not want to follow their party’s line in the independent panel’s report on Tuesday will have to draw the president’s attention to their dissenting vote.
This is the effect of the Chief Whips’ Forum’s decision to keep the current rules for voting in hybrid parliamentary sessions intact for Tuesday’s decision on whether or not the National Assembly should launch an investigation into the suitability of Public Protector Busisiwe Mkhwebane for the post.
Forum meetings are closed, but this was relayed to the National Assembly Programming Committee on Thursday morning.
The system currently works as follows: the main whip of each party says how many of its parliamentarians are in the Chamber, how many are on the virtual platform and how the party votes.
The presiding officer will ask if there is a member whose vote differs from that of his party.
IT staff in Parliament also checks how many members of a specific party are on the virtual platform, as EFF chief Floyd Shivambu discovered last year when he claimed there were 44 EFF MPs; staff corrected it, saying only 40 were present.
This system has been in use since April of last year. In general, it has worked without problems.
IFP head whip Narend Singh said he supported this approach as there was nothing unusual in the report and they should therefore vote in the usual way.
Chief Prosecutor Natasha Mazzone, who filed the motion for Mkwhebane’s removal, said she supported this too. He asked if a transcript of all the members who were in the House and how they voted would be available immediately after the vote.
The president of the National Assembly, Thandi Modise, was not interested in the idea.
“We never, after a vote, distribute this,” he said. “I think we should be as normal, if you want, as possible.”
EFF MP Hlengiwe Mkhaliphi proposed a secret ballot, which was not enthusiastically received. The EFF are strong supporters of Mkhwebane.
National Assembly Secretary Masibulele Xaso said a legal opinion had confirmed the committee’s view expressed at its previous meeting that Tuesday’s debate should focus on the process to be followed and not the substance of the report.
In November, Modise appointed Judge Bess Nkabinde, Attorney Dumisa Ntsebeza SC, and Attorney Johan de Waal SC to the panel.
His report was published last Monday.
Much of the 10,396 pages consisted of court rulings and other court documents, and included depictions of Mkhwebane.
The panel found “substantial information that constitutes prima facie evidence of incompetence” and “repeated errors” and “sufficient information” that constitutes prima facie evidence of misconduct.
While the ANC has not publicly taken an official position on the removal of Mkhwebane, party members rally around the ANC secretary general, accused of corruption, Ace Magashule, and former president Jacob Zuma, accused of corruption, the called Radical Economic Transformation (RET). grouping – have indicated that they would not vote in favor of an “enemy” motion, as Magashule put it.
On the other hand, Transport Minister Fikile Mbalula called Mkhwebane a “gunman for hire”, indicating that there is no unity in the party on the matter. The fate of Mkhwebane is finally in the hands of the ANC.
Tuesday’s vote will be whether or not to go ahead with the panel’s recommendation for a parliamentary inquiry into Mkwhebane’s suitability for the job, not whether she should be removed from office.
A simple majority is required to proceed with the investigation, while a two-thirds majority would be required for Mkhwebane’s impeachment.
If the National Assembly chooses to proceed with the investigation, a committee will be appointed to carry out the investigation.
