Streaming issues? Report here
Africa Melane 1500 x 1500 2020 Africa Melane 1500 x 1500 2020
Early Breakfast with Africa Melane
04:00 - 06:00
volume_up
volume_mute

Up Next: Breakfast with Bongani Bingwa
See full line-up
Early Breakfast with Africa Melane
04:00 - 06:00
Home
arrow_forward
Local

'It is incorrect to say the Public Protector's application was dismissed'

29 July 2021 11:25 AM
Tags:
South African economy
retirement savings
Minister of Finance Tito Mboweni

Public Protector spokesperson Oupa Segalwe says that there must be a new panel that will start the impeachment processes from scratch.

The Western Cape High Court on Wednesday 28 July found the independent panel established to investigate whether there is prima facie evidence against Public Protector Busisiwe Mkhwebane as unconstitutional.

This comes after Mkhwebane approached the court to have institute impeachment proceedings against her declared invalid.

Public Protector spokesperson Oupa Segalwe argued that the National Assembly should rectify some of the rules which were unconstitutional and highlighted by the court.

The Public Protector has always been willing to be held accountable in terms of Section 194 but her problem was that the rules were unconstitutional, and this has been vindicated by the court. The Parliament has to do the right thing which is to go back to the drawing board and fix those things highlighted by the court.

Oupa Segwale, Spokesperson - Office of the Public Protector

It is incorrect to say the Public Protector's application was dismissed in fact it succeeds all bids on two grounds.

Oupa Segwale, Spokesperson - Office of the Public Protector

RELATED: Busisiwe Mkhwebane aligns herself with minority ConCourt judgment on Jacob Zuma

The proceeding to the process right now would be problematic because the current process to use this analogy if the fruit of a poison tree, the poison tree being the three-member panel that was chaired by Justice Nkabinde which we now know after this judgment was illegally appointed, means all processes by that specific panel must be disregarded.

Oupa Segwale, Spokesperson - Office of the Public Protector

The starting point would be going back to the rules and fixing them in accordance with what the court has said and that means they would have to reappoint a three-member panel this time making sure that there is no judge within the panel.

Oupa Segwale, Spokesperson - Office of the Public Protector

That panel must start its mandate from scratch in other words, what was done by the previous panel falls off and the new panel must start the process afresh.

Oupa Segwale, Spokesperson - Office of the Public Protector

The Public Protector must be given a hearing where she will make representation, they will produce a report and the parliament of the National Assembly will then have to adopt that report, and the process proceeds from there.

Oupa Segwale, Spokesperson - Office of the Public Protector

The court declared the rules for the impeachment of Chapter 9 institution heads as unconstitutional.

Listen to the full interview below...




29 July 2021 11:25 AM
Tags:
South African economy
retirement savings
Minister of Finance Tito Mboweni

More from Local