ANC statement on the removal of Advocate Mkhwebane as Public Protector

12 September 2023

The ANC welcomes the resolution of the National Assembly to remove Ms Busisiwe Mkhwebane from office. It has been clear to many South Africans that Ms Mkhwebane, as Public Protector, was out of her depth as Public Protector. Her conduct and incompetence have made her continued occupation of that office untenable.

The ANC congratulates the Section 194 Committee led by Comrade Qubudile Dyantyi for their sterling work in conducting a fair and comprehensive enquiry. We also commend all MPs for upholding the principle of accountability and consequence management against misconduct and incompetence.

The report of the Section 194 Committee is consistent with the judgements of various courts, including the Constitutional Court. For example, the highest court in the land made the following scathing and damning findings:

"The Public Protector's entire model of investigation was flawed. She was not honest about her engagement during the investigation. In addition, she failed to engage with the parties directly affected by her new remedial action before she published her final repott This type of conduct falls far short of the high standards required of her office.

"The Public Protector had acted in bad faith; did not fully understand her constitutional duty to be impartial and perform her functions without fear, favour or prejudice; had failed to produce a complete record of the proceeding...; and had failed to fulfil her obligation, to be frank and candid when dealing with the court. "

As the nation closes the Mkhwebane chapter, we hope that the new Public Protector will take the sad and ugly lessons of the Mkhwebane era into account and strive to build a solid and accountable office that is above factional loyalties. Never again must a head of a Chapter 9 Institution act like a law unto himself/herself. We hope her successor will have the humility and maturity to respect the decorum and dignity of the office and refrain from bringing it into disrepute.

The ANC appeals to the staff at the Public Protector's Office to remain calm and not be distracted by the current developments. They must continue doing their work with integrity and without fear or favour.

Issued by Mahlengi Bhengu-Motsiri, National Spokesperson, ANC, 12 September 2023