Parliament, Friday, 6 May 2022 – The Speaker of the National Assembly (NA), Ms Nosiviwe Mapisa-Nqakula welcomes the order of the Constitutional Court dismissing a rescission application by the Public Protector, Advocate Busisiwe Mkhwebane.

The Public Protector launched an Application to the apex court for a rescission of its earlier judgment which upheld the separation of powers arguments regarding the appointment of a judge to the section 194 independent panel.

In its order, the Court dismissed the Application on the basis that it did not establish any rescindable errors in the court’s judgment and that no exceptional circumstances existed that warranted a rescission of its decision. The Court further dismissed the Public Protector’s application for direct access stating that no case has been made out for direct access.

Following today’s order, Parliament will await the Public Protector’s decision on how she wishes to proceed with her Application in the Western Cape Division of the High Court, scheduled to be heard on 18 and 19 May 2022, wherein she sought to interdict the Speaker and the Section 194 Committee from proceeding with the enquiry into her fitness to hold office.
The Section 194 Committee was established in terms of NA Rules, to conduct the inquiry, to establish whether the charges against the Public Protector are sustainable and to report to the NA within a reasonable period.

The Committee’s report must contain findings, recommendations and reasons and must be scheduled for consideration and debate with appropriate urgency.

The Committee is scheduled to meet on 11 May 2022.

Enquiries: Moloto Mothapo 082 370 6930