The Acting Speaker of the National Assembly, Mr Lechesa Tsenoli, today received the report of the independent panel of experts appointed to conduct a preliminary assessment on Mr Mbuyiselo Botha’s potential removal from his position as Commissioner of the Commission for Gender Equality (CGE).
The panel was appointed according to section 189 of the Constitution following a substantive motion put forward earlier by Ms Fikile Maseko, a Member of the National Assembly. There were five charges of misconduct against Mr Botha, among others, that he allegedly violated his constitutional duty as Commissioner to uphold the values of the Constitution.
During the press briefing to hand over the report, the Chairperson of the panel, Adv William Rasenga Mokhare, SC, said their preliminary assessment found that Mr Botha does have a case to answer, and the panel recommended that the matter be dealt with according to the Rules of the National Assembly.
Providing an overview of the process the panel followed, Adv Mokhare said their mandate was not to establish guilt, “but just to see if there is prima facie evidence” for a case to be answered.
Although allowed to make written representations, Mr Botha – through his legal representatives – opted not to make any. Adv Mokhare said the panel based their assessment on the evidence, which included an audio recording of Mr Botha allegedly making defamatory and derogatory remarks about fellow CGE commissioners during an internal meeting.
Mr Tsenoli thanked the panel for their work, pointing out that Parliament received the report on the day the country lost one of its “most active participants [Chris Hani, who was assassinated on 10 April 1993] in the process leading up to our constitution-making”.
“The significance of that reality is in our commitment and loyalty to the goals of having our country running properly, to putting people first in how we govern society that is democratic and where people have recourse when wrongs have been committed against them. It is also an important indicator of the relationship we, as Parliament, have with the institutions supporting democracy,” he said.
“The Commission for Gender Equality is a Chapter 9 institution and, therefore, the integrity of its functioning – just as our own institution of Parliament – we have a responsibility in the oversight we do, the accountability demands we make, in the responsibility to ensure that we fulfill those aims and objectives of managing our own integrity ethically all the time.”
Mr Xolile George, Secretary to Parliament, said the findings in the report are crucial for the next steps in the National Assembly.
Alicestine October
10 April 2024
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