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In filing the motion, Mazzone cited a series of court rulings against Mkhwebane in which she was criticized for issuing unconstitutional directives against various state bodies, including parliament itself.
Mazzone argued that this showed that Mkhwebane had a poor understanding of the law and its constitutional mandate and was therefore in no condition to hold office.
The panel that will be chaired by Judge Nkabinde, who Modise appointed after a long consultative process with the parties represented in the National Assembly, will now determine if there is any merit to Mazzone’s motion before a decision is instituted to initiate a process of deportation 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 must 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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