Public Protector's error suggests monumental incompetence - law specialist

The Economic Freedom Fighters (EFF) have called on Public Protector, Advocate, Busisiwe Mkhwebane to "do the honourable thing" and resign as Public Protector.

A few weeks ago, Mkhwebane recommended that Parliament alters the Constitution to change the powers of the Reserve Bank‚ moving it from managing the currency to focusing on economic growth.

Cathy Powell, Senior Lecturer In Public Law at the University of Cape Town says Mkhwebane's error was basic.

The error was in fact so basic that being able to make it in the first place suggests monumental incompetence or some kind of conspiracy.

Cathy Powell, Senior Lecturer In Public Law, University of Cape Town

Powell says it wasn't so much that Mkhwebane devised her own theory of economic policy to best improve South Africa's economic health but that what was problematic, are the instructions she gave Parliament.

There is no way she not have known that she doesn't have the powers to write the constitution.

Cathy Powell, Senior Lecturer In Public Law at University of Cape Town

The process of Mkhwebane stepping down is unlikely to take place says Powell. She can only be removed on the basis of misconduct, incapacity and incompetence explains Powell.

She adds that there needs to be a recommendation by a committee of the national assembly, followed by a two-thirds majority voting for her removal.

Powell says the Public Protector is well protected.

For the full analysis listen to the clip below:


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