The public protector service conditions provide for the speaker to grant leave to the public protector for a period of three-and-a-half months for every period of four years’ service completed, or for a shorter period and subject to conditions the speaker may in any particular case deem fit.
In addition, the public protector is entitled to vacation leave for a period not exceeding 36 calendar days per year. Mkhwebane has been in her position for more than four years.
Public protector spokesperson Oupa Segalwe declined to comment about Modise’s condition to Mkhwebane, referring questions to Modise “as the custodian of the process in question”.
Mkhwebane approached the Constitutional Court earlier this month in an attempt to stop the parliamentary process from proceeding while she challenges the constitutionality of its rules.
This followed the Western Cape High Court’s dismissal of her application to stop Modise from pursuing the 17-stage process until the court has ruled on the constitutionality of the parliamentary rules regarding the removal of office bearers of Chapter 9 state institutions.