Accountability Now wants court order declaring Mkhwebane unfit for office

Accountability Now has reiterated calls for public protector Busisiwe Mkhwebane to be removed from office.
Accountability Now has reiterated calls for public protector Busisiwe Mkhwebane to be removed from office.
Image: Simphiwe Nkwali

Accountability Now has approached the Pretoria high court seeking an order declaring public protector Busisiwe Mkhwebane unfit to hold office.

The pressure group, which engages in public-interest litigation, has cited several adverse court findings against Mkhwebane as the chief reason they believe she is not fit to head the Chapter Nine institution.

Their case will be heard on October 22.

Parliament is also undergoing a process to draft rules for the removal of heads of Chapter Nine institutions - largely triggered by unhappiness with Mkhwebane.

"The high court in Pretoria earlier ruled in the SA Reserve Bank’s judicial review proceedings concerning the remedial action against it, taken by the public protector, that she should pay costs to the bank out of her own pocket (de bonis propriis)," said Accountability Now in a statement.

"This was done as a mark of the court’s disapproval of the manner in which the public protector conducted herself."

The organisation said this had forced them to be proactive in pursuing her removal from office. Measures include:

  • requesting the Legal Practice Council to investigate Mkhwebane's conduct with a view to striking her off the roll of advocates, thus making her ineligible to occupy office;
  • petitioning the criminal justice administration to bring a charge of perjury against her, owing to the court findings; and
  • calling on President Cyril Ramaphosa to suspend her.

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