Committee for Section 194 Enquiry hears constitutional mandate of the Office of the Public Protector
12 July 2022
The Committee for Section 194 Enquiry today heard from Mr Hassen Ebrahim, a witness who is experienced in Constitution drafting and other matters, outlining the role of the Office of the Public Protector.
Mr Ebrahim went into great detail about the historical background of the Office of the Public Protector including its establishment, appointment of the Public Protector including characteristics of fitness and propriety, standard of conduct including procedural fairness and the removal of the Public Protector as well as definitions of misconduct and incompetence.
The committee was established by the National Assembly (NA) on 16 March 2021 to conduct a constitutional inquiry into the Public Protector’s fitness to hold office. It started its hearings yesterday into the fitness to hold office by Adv Busisiwe Mkwhebane.
Mr Ebrahim explained that removing the Public Protector from office is a very serious matter, it cannot be undertaken lightly at all. He highlighted, among other things, the significance of the role that the Public Protector plays in South Africa’s constitutional democracy. He said the removal of the Public Protector can only occur by, among other things, a supporting vote of at least two-thirds of the Members of the NA.