'There is no obligation to afford the person a hearing at preliminary stage'

Constitutional law expert Professor Pierre de Vos has shared his comments on Public Protector Busiswe Mkhwebane's argument that a parliamentary process looking to have her removed from her post is illegal and unconstitutional.

On Tuesday, Mkhwebane said she has written to Speaker Thandi Modise to reconsider and suspend the process and that she will consider legal action if her requests are not adhered to.

RELATED: Mkhwebane wants Speaker Thandi Modise to put on ice process to have her removed

Mkhwebane believes she should have been consulted over the process and allowed to present her side of the story.

De Vos suggests however that the public protector's argument does not hold weight.

Until the matter goes to the national assembly and the committee, there is no need to actually hear a public protector or whoever the person is being impeached. However the rules that are currently in place says that an expert committee that is going to make a predetermination actually has an obligation to receive submissions from the Chapter nine person being removed, so there is already a provision for allowing her side of the story.

Pierre de Vos, Constitutional law expert

The Constitutional Court, there is a provision in which it says that the form which the preliminary inquiry may take depends entirely on the National Assembly. There is no obligation to afford the person a hearing at this preliminary stage.

Pierre de Vos, Constitutional law expert

Meanwhile, the Hawks have slammed the Public Protector for accusing the unit of exceeding it powers and giving priority to the allegations against her and failing to focus o matters she had referred to them for investigation.

Spokesperson Hangwani Mulaudzi says they are simply doing their job. The unit will now send the docket in the perjury case to the National Prosecuting Authority for processing.

There is a case that has been opened, that case was referred to us for further investigation. We are following due processes in terms of getting statements and one of those statements that was still outstanding was from her office and we were shocked yesterday when she made it public that she was not going to give us that statement based on her own reasons and as such we are just going to take the docket as it is to the NPA.

Hangwani Mulaudzi, Spokesperson - Hawks

Click on the link below to hear the full conversation....


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