Justice Committee must convene urgently on matters of national importance
10 August 2020
The Democratic Alliance (DA) has written to the chairperson of the Justice Portfolio Committee to request that the committee urgently convenes during the recess period to discuss two matters of national importance – the findings of the NPA’s De Kock Panel, and the removal of the Public Protector.
The first of these are the findings contained in a 96-page report dated June 2019, based on which the National Director of Public Prosecutions (NDPP), Adv. ShamilaBatohi, decided to withdraw charges against Johan Booysen and his co-accused. This report has been kept confidential but was recently leaked, exposing serious and possibly criminal prosecutorial misconduct in the National Prosecuting Authority (NPA).
It is of the utmost importance that the committee urgently determines if any disciplinary and more serious action is being planned or underway against the prosecutors and officials exposed – and if this is not the case, really tough questions need to be asked as to the reasons why.
The second matter that the committee should urgently discuss relates to the Public Protector, Adv. BusisiweMkhwebane. Argument by her own counsel before the South Gauteng High Court last week raised the question of whether she had perjured herself; and revealed that she does not feel bound by court orders. This must give rise to questions as to why the Public Prorector should not be suspended with immediate effect, pending removal proceedings.
After relentless pressure by the DA, Parliament late last year adopted a set of rules to govern the removal process of a Chapter 9-head such as the Public Protector. The DA then requested the institution of such proceedings against Mkhwebane, which request was accompanied by thousands of pages of evidence.
It is our belief that the committee must seek an urgent update from the Speaker of the National Assembly, Thandi Modise, on the progress made to appoint – in terms of the new rules governing the process - an independent panel to assess whether or not there is prima facie evidence that points to to misconduct, incapacity or incompetence on the part of Mkhwebane.
The DA firmly believes that the evidence will confirm that Mkhwebane is not fit to occupy the office of Public Protector and that she must be removed.
Institutions such as the NPA and the Public Protector are crucial defences to ordinary South Africans against a corrupt ANC government, and as such the integrity of public office bearers with these institutions must be above any reproach.
The DA will continue to fight to keep these institutions independent and free to speak truth to power.
Issued byGlynnis Breytenbach, DA Shadow Minister of Justice and Correctional Services, 10 August 2020
