ANC will support DA’s bid to have Mkhwebane axed – source

The likely impeachment of Public Protector Busisiwe Mkhwebane as a result of an initiative from the Democratic Alliance (DA) highlights one important thing: the opposition leads and the governing party follows.

According to an ANC source, the ruling party would support the DA motion when the time arrived, after all the processes had been followed.

He said that the SA Communist Party had been calling for Mkhwebane’s head, which was the first indication that ANC MPs would vote for Mkhwebane to be removed.

“If the opportunity comes for us to get rid of Mkhwebane, why should we shy away from it? No matter whether the motion comes from an opposition party, if it makes sense, we must implement it to deal with the elephant in the room,” said the ANC member, who asked not to be named.

The ANC backed a parliamentary motion initiated by the Economic Freedom Fighters (EFF) for land expropriation without compensation.

Should the ANC support the DA motion, it would be the first time it sided with the DA in any motion – and that would show the governing party takes its cue from the opposition.

Should the move succeed, Mkhwebane would be the first sitting public protector to be removed from office for poor performance or misconduct.

Last week, National Assembly Speaker Thandi Modise approved the DA motion after parliament adopted new rules on the removal of leaders of the Chapter 9 institutions.

When approached for comment yesterday, ANC chief whip Pemmy Majodina said the removal of the public protector was not on the table at the moment. Instead, parliament had begun a long process of how to remove a Chapter 9 head, should that be necessary.

The next step would be to establish a three-member panel that would investigate if there was prima facie evidence in allegations against the public protector. Should evidence be found, parliament would appoint an ad hoc committee which would investigate the allegations and submit a report with recommendations to parliament.

But Majodina denied reports that she said the ANC would not support Mkhwebane’s removal.

“As the ANC, we cannot have a position on the public protector now, because we are not there yet. But we are putting systems in place,” Majodina said.

Prior to the adoption of the new rules, Mkhwebane dared Modise to fire her or face her wrath, claiming that parliament had no power to dismiss her.

Mkhwebane relied on the fact that while the constitution dealt with the hiring of the public protector, it was silent on the procedure of her removal. Previously, the rules of the National Assembly and section 194 of the constitution only set broad parameters for the removal of office bearers in Chapter 9s.

The new rules would enable MPs to take action against Mkhwebane over her errant reports about the Bankcorp/Absa Bank probe, for which the Constitutional Court ruled she must pay the cost.

Following the court ruling, parliament was forced to go back to the drawing board and drafted the new rules.

Reacting on Twitter to Modise’s decision to approve the DA motion, Mkhwebane’s office said “@AdvBMkhwebane has not been formally informed about the decision. She learned about it from news reports. She will comment in due course”.

When Mkhwebane was appointed, the DA opposed it. The EFF supported it but changed its mind later, with leader Julius Malema calling her a spy.

Last week, the Congress of the People was the first to publicly support Modise’s decision to accept the DA motion.

Cope national spokesperson Dennis Bloem said his party would support the motion.

– ericn@citizen.co.za

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