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Public protector Busisiwe Mkhwebane at a parliamentary meeting in October 2019.
- President Thandi Modise appointed the legal heavyweights, Judge Bess Nkabinde, Defender Dumisa Ntsebeza, SC, and Defender Johan De Waal, SC, to the independent three-person panel.
- This panel must decide whether there is a prima facie case for the removal of Public Protector Busisiwe Mkhwebane.
- The date on which the panel will begin its work will be announced, after which it has 30 days to inform the National Assembly.
National Assembly Speaker Thandi Modise appointed experienced jurists, Judge Bess Nkabinde, Attorney Dumisa Ntsebeza, SC, and Attorney Johan De Waal, SC, to an independent three-person panel that will determine if there is a prima facie case for Public Protector Busisiwe Mkhwebane’s elimination.
Earlier this year, Modise accepted a motion from Chief Prosecutor Natasha Mazzone to initiate deportation proceedings against Mkhwebane.
This after the National Assembly last year adopted rules for the removal of a head of a Chapter 9 institution, such as the Public Protector.
“In accordance with the Rules, the President invited the parties to submit nominations for the establishment of an independent panel to conduct a preliminary investigation to evaluate the motion,” reads a statement from parliamentary spokesman Moloto Mothapo on Wednesday.
“The panel must consist of three suitable persons who must collectively possess the necessary legal and other competencies. Subsequently, the parties presented a list of nominees. The President thanks the parties for their considered contributions.”
After considering the nominations, he contacted the people. However, some of the nominees were unavailable due to professional commitments and other considerations.
READ | Superior Court dismisses Public Protector’s proposal to stop parliamentary deportation proceedings
“In accordance with these considerations, the Spokesperson has appointed the following persons to the panel: Judge Bess Nkabinde (as chair), attorney Dumisa Ntsebeza and attorney Johan De Waal.”
Nkabinde is a lawyer and has served in various judicial positions, including as a judge in the Constitutional Court. Now she is retired.
Ntsebeza is a senior attorney and has served in various judicial positions, capacities and commissions, including as a sitting judge. De Waal is a senior attorney as well as an academic.
“The panel will begin its functions on a date to be announced,” Mothapo said.
“The panel must determine whether there is prima facie evidence that a public office holder was misbehaving, incapacitated, or incompetent. In doing so, it must provide the public office holder a reasonable opportunity to respond, in writing, to all relevant accusations.
“You cannot hold oral hearings, but you must limit your evaluation to 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, must be scheduled for consideration by the House. Otherwise, the panel can determine its own working arrangements.”
Mkhwebane is challenging the deportation process in court. The first part of his case, a request for an injunction to stop the deportation process, was dismissed in the Western Cape Superior Court last month. His request for authorization to appeal this ruling was heard on Tuesday. The trial has been reserved.
The second part of your case asks the court to declare the rules for deportation proceedings unconstitutional and invalid. This will be heard early next year.
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