The legal representative of the Public Protector Busisiwe Mkhwebane, lawyer Dali Mpofu, said he would request that the vote on the impeachment report against her be done by secret ballot.
Delivering his opening remarks on the first day of impeachment hearings, Mpofu berates Parliament for what he said were attempts to violate Mkhwebane’s constitutional rights.
He also called on those who accused Mkhwebane of applying Stalingrad tactics to avoid facing the Constitution hate impeachment hearings. He sets out a number of court judgments that he says have proven his client right, including the one that allowed him to address the committee.
Lawyers for the suspended Ombudsman told lawmakers there must first be a parliamentary commission that would determine the grounds for his removal.
Parliament has finally opened its investigation into Mkhwebane’s fitness to perform his duties. This follows a motion tabled by the DA two years ago.
An independent panel of experts concluded that Mkhwebane had a prima facie case to answer on the charges of incompetence and misconduct.
The impeachment had been delayed by legal challenges and the formulation of rules to remove the head of a Chapter Nine institution.
The lawyer for the Public Protector Busisiwe Mkhwebane talks about her suspension:
Today, the inquest heard opening statements from the Chief of Evidence, Barrister Nasreen Bawa and Mkwebwane’s legal adviser, Barrister Dali Mpofu.
The head of evidence maintains that Mkhwebane must respond to eight unfavorable judgments questioning his conduct.
Attorney Bawa states: “Demonstrated irrationality, forensic weakness, inconsistency, confusion and misunderstanding of applicable contractual principles of constitutional and administrative law and that she fails to understand her constitutional duties to be impartial and perform her duties without fear. , favor or prejudice. The final charge is misconduct and incompetence.
Lawyer Dali Mpofu says: “Our participation is contested because of some of the issues that I will highlight which are called major constitutional violations, but we are here, we will participate nonetheless because we represent a law-abiding citizen and a public protector. .”