Invitation to the Public to Furnish Evidence to the Committee for Section 194 Enquiry – Enquiry Into the Removal From Office of the Public Protector, Adv. Busisiwe Mkhwebane (Call for Evidence)

TThe Committee for Section 194 Enquiry (“the Committee”) established by the National Assembly (“NA”) is conducting an enquiry pursuant to section 194 of the Constitution to assess the charges contained in a Motion tabled on 21 February 2020 in the NA to initiate the removal of the Public Protector, Adv. B Mkhwebane, on the grounds of alleged incompetence and/or misconduct (“the Motion”)

The objective of the Enquiry is to:

a) assess the charges contained in the Motion in order to determine whether Adv. B Mkhwebane, is
incompetent and/or has misconducted herself; and
b) report to the NA on its findings and recommendations.

The Committee invites persons to notify the Committee, in writing if they wish to place evidence before the Committee which will assist in its assessment of the Motion, by no later than 23 May 2022 and to advise in such notice whether assistance in making a statement under oath or handing over evidence is required. Full contact details should be included in such notice.

Any individual or organization that wishes to furnish evidence in respect of issues arising from the Motion should do so in writing and under sworn oath or affirmation by no later than 12h00 on 3 June 2022.

The aforementioned notice and evidence must be furnished to the Committee by:

  1. Email to The Secretary of the Committee, Mr Thembinkosi Ngoma at (contactable on Tel 083 709 8407); or
  2. Delivered in hard copy by prior arrangement with the Committee Secretary.

Any individual or organization may, if necessary, be requested to provide evidence under oath before the Committee in terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004 and any applicable rules and procedures. No evidence not foreshadowed on affidavit will be admissible.

The Enquiry follows submission of a report prepared by an Independent Panel dated 24 February 2021 which recommended, for reasons set out in this report, that the charges in the Motion be referred to the Committee as provided for in the NA Rules.

The Enquiry is to be conducted in a reasonable and procedurally fair manner, within a reasonable timeframe.

The following may be accessed electronically on Parliament’s website

  1. The Motion initiating the Enquiry together with supporting evidence;
  2. The Public Protector’s response to the Motion;
  3. The report from the Independent Panel furnished to the NA;
  4. The rules of the NA governing removal; and
  5. The terms of reference as adopted by the Committee on 22 February 2022 and which may be amended from time to time.

Issued by Hon. Mr QR Dyantyi, MP, Chairperson of the Committee for Section 194 Enquiry.