RET faction in the cold for Parliament’s Public Protector investigation

None of the ANC MPs associated with the so-called radical economic transformation (RET) grouping will serve on the committee to investigate whether Busisiwe Mkhwebane is fit for the office of Public Protector.

The RET faction supports Mkhwebane and claims they can’t support a DA motion.

However, the beleaguered Mkhwebane can still bank on the support of EFF leader Julius Malema, as a voting member, and EFF MP Omphile Maotwe and the ATM’s Thandiswa Marawu as non-voting members.

In the run-up to last month’s vote on whether the National Assembly should impeach Mkhwebane, several ANC MPs said they would not vote in favour of a DA motion.

ANC secretary-general Ace Magashule, around whom this grouping coalesces, also publicly stated his disapproval of the investigation.

However, on the day of the vote, ANC chairperson Gwede Mantashe ordered the caucus to support the investigation.

In the end, no ANC MP voted against the motion, albeit that 62 MPs didn’t participate in the vote.

However, it is not to say all MPs, who were absent, were against the vote or belonging to the RET group.

Speaker of the National Assembly Thandi Modise asked parties to nominate MPs to serve on the Section 194 committee.

The ANC nominated several senior MPs, including its deputy chief whip, Doris Dlakude, who appears most likely to chair the committee.

Members named

Parliament named the members who will serve on the committee on Wednesday evening.

The committee’s 26 members come from each of the 14 political parties represented in the National Assembly.

Eleven will be voting members of the committee, and another 15 will be non-voting members.

The following MPs will be voting members of the committee:

• Doris Dlakude (ANC)
• Richard Dyantyi (ANC)
• Tina Joemat-Pettersson (ANC)
• Mondli Gungubele (ANC)
• Judy Hermans (ANC)
• Bekizwe Nkosi (ANC)
• Philly Mapulane (ANC, alternate)
• Teliswa Mgweba (ANC, alternate)
• Annelie Lotriet (DA)
• Leon Schreiber (DA)
• Julius Malema (EFF)
• Zandile Majozi (IFP)
• Corné Mulder (FF Plus)

The following MPs will serve as non-voting members of the committee:

• Nokuzola Tolashe (ANC)
• Xola Nqola (ANC)
• Baxolile Nodada (DA)
• Omphile Maotwe (EFF)
• Christian Msimang (IFP)
• Heloïse Denner (FF Plus)
• Marie Sukers (ACDP)
• Bantu Holomisa (UDM)
• Thandiswa Marawu (ATM)
• Shaun August (GOOD)
• Munzoor Shaik-Emam (NFP)
• Lulama Ntshayisa (AIC)
• Willie Madisha (Cope)
• Mzwanele Nyhontso (PAC)
• Ganief Hendricks (Al Jama-ah)

The National Assembly voted in favour of the committee’s establishment on 16 March, after adopting an independent panel of experts’ report that recommended that such a committee be established.

The panel, comprising retired Justice Bess Nkabinde and senior advocates Dumisa Ntsebeza and Johan de Waal, found sufficient prima facie evidence of incompetence and misconduct on the part of Mkhwebane.

Charges

The National Assembly rules require the Section 194 committee to conduct the inquiry to establish whether the charges are sustainable and to report back.

The committee’s report must contain findings, recommendations and reasons – and must be scheduled for consideration and debate with appropriate urgency.

If the committee recommends Mkhwebane’s removal, and two-thirds of the National Assembly agrees, President Cyril Ramaphosa must remove Mkhwebane as Public Protector.

The committee, which must conclude its business within a reasonable time, must elect its chairperson at its first meeting.

Parliament is currently in recess and will reconvene on 4 May.

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