Report on removal of Mkhwebane set down for September 11, appointment of Gcaleka scheduled for same day

The reports on the removal of suspended Public Protector Busisiwe Mkhwebane and acting Public Protector Kholeka Gcaleka will be voted on by Parliament in a few days. Picture: Theo Jeptha/ African News Agency (ANA)

The reports on the removal of suspended Public Protector Busisiwe Mkhwebane and acting Public Protector Kholeka Gcaleka will be voted on by Parliament in a few days. Picture: Theo Jeptha/ African News Agency (ANA)

Published Aug 31, 2023

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The National Assembly will decide in the next few days on the report calling for the removal of suspended public protector Busisiwe Mkhwebane.

The programming committee has set September 11 as the date on which the national legislature will vote on the report to remove Mkhwebane.

Parliament will need a two-thirds majority to approve the report,which found that Mkhwebane was guilty of misconduct, following a year-long inquiry by the section 194 committee.

The Economic Freedom Fighters (EFF) has already warned that they will take the report to judicial review.

Mkhwebane said she was finalising her legal strategy to challenge the report of the inquiry.

On the same day, Parliament will vote on the appointment of the new public protector. The ad hoc committee, chaired by Cyril Xaba, recommended acting public protector Kholeka Gcaleka take over as the next public protector.

But Gcaleka’s recommendation has been rejected by the EFF, DA, Freedom Front Plus and other parties. They said she has a cloud hanging over her head.

The African National Congress (ANC) and Inkatha Freedom Party (IFP), which make up more than 60% of the required vote, have backed the appointment of Gcaleka.

Gcaleka was accused by the opposition of doing President Cyril Ramaphosa a favour by clearing him over the Phala Phala matter in order for the president to ensure she was appointed public protector.

The term of the current public protector ends on October 14. Once the national assembly has voted on the report, it will be taken to Ramaphosa for approval.

The chairman of the Section 194 committee, Qubudile Dyantyi, said recently they were racing against time and all processes would have to be finalised before the end of the term of the current public protector.