Busisiwe Mkhwebane
On Monday, the South African Parliament will convene to vote on the removal of the suspended Public Protector, Busisiwe Mkhwebane.
The vote will be conducted through an open call voting procedure at a physical sitting to be held at the Cape Town City Hall at 2 pm.
February 15, 2018. Inside the National assembly with the newly elected President of South Africa Cyril Ramaphosa at a sitting in parliament. PICTURE: ESA ALEXANDER/SUNDAY TIMES
This decision follows the submission of a report by Parliament’s Section 194 Committee to the National Assembly, recommending Mkhwebane’s removal due to incompetence, incapacity, and misconduct.
There were requests from the ATM and UDM parties for a secret ballot vote, but Speaker Nosiviwe Mapisa-Nqakula denied the request.
According to the Constitution’s Section 194, a majority vote of at least two-thirds is required to remove a Public Protector from office.
Parliamentary spokesperson, Moloto Mothapo, stated that the Speaker carefully considered the circumstances surrounding the section 194 enquiry and the impending removal proceedings.
Addressing the concerns raised by Mr. Zungula and the UDM about a secret ballot, the Speaker emphasized the importance of following established democratic procedures and the equal voting rights of all members of the Assembly on every matter.
The Speaker acknowledged the role of party discipline in influencing members’ votes but also highlighted that voting with conscience is not precluded.
Mothapo further emphasized that any attempt by the Assembly to unlawfully remove an office bearer may be subject to judicial review, as a Chapter 9 office bearer can only be removed on established grounds of misconduct, incompetence, or incapacity.
The Speaker found no reason to believe that members would be bribed or exposed to corrupt activities during the vote. Additionally, safety concerns and a toxic atmosphere were deemed unfounded.
The Speaker believes that conducting the vote openly allows citizens to identify their representatives’ positions and hold them accountable.
While the Speaker recognized the basis in law to delay the debate and vote on the report, she emphasized that the proceedings have always been conducted transparently. Chapter 9 office bearers are held accountable through various oversight processes, which are conducted openly and transparently within the Assembly.
Considering the robustness of the proceedings and the open canvassing of opposing views, the Speaker perceives this as indicative of a healthy democracy. Therefore, she concluded that a secret ballot was unnecessary.
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