Members of Parliament resolved on Monday to adopt the report of the Section 194 Inquiry which recommended the removal of Public Protector Busisiwe Mkhwebane from office.
During the casting of votes that took place after a debate, a total of 318 MPs voted in favour of Mkhwebane’s removal.
Only 43 voted against and one abstained.
“The question is agreed and Advocate B Mkhwebane is accordingly removed from the office of the Public Protector according to the recommendation of this House,” National Assembly Speaker Nosiviwe Mapisa-Nqakula said when announcing the results.
All ANC MPs voted in favour of her removal along with the DA, IFP, Freedom Front Plus, ACDP, Good party, NFP.
All the EFF MPs present voted against the report along with the UDM, ATM PAC and Al-jama-ah.
Cope leader Mosiuoa Lekota abstained and his colleague Teboho Loate voted in support of the motions.
Mkhwebane’s removal took place more than a year after the National Assembly decided to establish the Section 194 inquiry in March 2022, following the DA’s submission in December 2019 of a motion to begin the process of removing Mkhwebane from her position.
This was after the three–member independent panel, led by Judge Bess Nkabinde, found that there was prima facie evidence that Mkhwebane had misconducted herself and was incompetent as alleged in the motion tabled by then DA chief whip Natasha Mazzone.
After a series of hearings marked by litigation, the Section 194 Inquiry completed its work last month and found her guilty of misconduct and incompetence.
Tabling the inquiry’s report, Chairperson Qubudile Dyantyi said the committee found itself in an unenviable position when it had to hold to account the very person appointed to investigate impropriety and improper conduct in state affairs.
Dyantyi said the inquiry was embarked upon without a blueprint or any precedent to guide them.
“I have no doubt that the committee has established on the facts that Adv. Mkhwebane has indeed misconducted herself and is incompetent.
“She is, therefore, not fit for this esteemed office with which she has been entrusted,” he said.
Dyantyi also said Mkhwebane did not raise any valid defence for her conduct to sway them.
The EFF has threatened to take the report on review and has asked interested parties join in its planned litigation.
Cape Times