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.

RELATED: Public Protector's fitness to hold office explained

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:


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