How removal of head of Chapter 9 institution, like Public Protector, would work
In December last year, the Democratic Alliance failed in its bid to start a process for the removal of Public Protector Busisiwe Mkhwebane on the basis of incompetence.
Now that process could be a step closer - on Tuesday the National Assembly's rules committee finalised draft rules for the removal of the head of a Chapter 9 institution.
Parliamentary spokesperson Moloto Mothapo says what the committee did is to clarify the section of the Constitution which deals with the removal of office bearers in the institutions which support democracy.
This part of the Constitution is not very clear and it requires to be coded into the rules of the National Assembly so that it clarifies what it entails. They sought to clarify the sort of behaviour that constitutes misconduct, incapacity or incompetence.Moloto Mothapo, Parliamentary spokesperson
So when the process actually unfolds those people responsible will be able to know how to make an assessment of the conduct of the officer in question and juxtapose it with what the law and the Constitution says.Moloto Mothapo, Parliamentary spokesperson
Mothapo explains that this then allows for members of Parliament and the National Assembly, through a substantive motion, to call for an enquiry on the grounds provided in the Constitution.
The Speaker will then engage with the particular member to check that it is being done in terms of the rules, after which the president will be informed. An independent panel with the required legal expertise then carries the process forward.
Their responsibility will be to make an assessment of the allegations or the reasons that a member of the National Assembly will have raised regarding the motivation for the removal of that office bearer.Moloto Mothapo, Parliamentary spokesperson
This panel will have about 30 days once it's appointed to make such an assessment.Moloto Mothapo, Parliamentary spokesperson
The rules must now be tabled for a debate and a decision by the National Assembly.
For more detail, listen to the conversation with Mothapo in the audio below:
The former Transnet CEO has denied the allegations and says he looks forward to appearing at the commission to give his side.Read More
EWN assignments editor Gia Nicolaides says days before the infamous massacre, 10 people were killed.Read More
Namibia's government assisted Covid-hit retailers, but SA doesn't understand how the industry works says Reggie Sibiya (FRA CEO).Read More
United Democratic Movement leader Bantu Holomisa has proposed that there be an interim government.Read More
The president is expected to address the nation on developments in SA's risk-adjusted strategy to manage the spread of COVID-19Read More
EWN reporter Theto Mahlakoana gives an update of a commemorative webinar dedicated to miners who died in Marikana.Read More
The Money Show's Bruce Whitfield interviews Kevin Lings, chief economist at Stanlib Asset Management.Read More
News24 parliamentary reporter Jan Gerber reflects on the court case between Busisiwe Mkhwebane and the National Assembly.Read More
Since it launched in May, the scheme's helped only 6.6% of businesses it targets. Will recent changes lead to improvement?Read More
The Money Show's Bruce Whitfield interviews Eskom's Linda Mateza about the once-off payment to its pensioners.Read More