Letter to the Speaker of the National Assembly regarding removal of the Public Protector  

26 July 2019

The Helen Suzman Foundation has written to the Speaker of the National Assembly, Ms Thandi Modise. In our letter, we call on the Speaker to initiate an expedited vote in the National Assembly on the removal of the incumbent Public Protector from office, Ms Busisiwe Mkhwebane.

Our call follows the handing down of the recent judgment of the Constitutional Court in Public Protector v South African Reserve Bank. In its judgment, the Court confirmed the punitive costs order awarded by the High Court against her personally. This judgment, along with other damning High Court judgments, illustrates the ways in which Ms Mkhwebane has been found to “lack integrity”, “competence”, “honesty” and “independence”. These judgments all point to the indisputable conclusion that Ms Mkhwebane is not fit and proper to hold office as the Public Protector.

Given the importance of the office she holds, the immense power vested in the office, and the public trust reposed in the office, each day that Ms Mkhwebane remains in office is damaging to the integrity of the office. We thus call on the Speaker and the National Assembly to take heed of the accumulated adverse judicial findings against the Public Protector and to act swiftly and definitively in removing her from office as the Public Protector.

To read our letter in full click here.

Issued by Anton van Dalsen, Legal Counsellor, HSF, 28 July 2019