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Parliament, Wednesday 28 July 2021 – The National Assembly (NA) Speaker notes the judgment of the Western Cape High Court, delivered today, on the NA’s Rules for removing heads of Institutions Supporting Constitutional Democracy.
The Speaker welcomes the court’s dismissal of the application and notes the adverse findings of the Court regarding the inclusion of a judge on the independent panel and the right of the holder of such office to legal representation at the Section 194 enquiry stage of the process.
Public Protector Advocate Busisiwe Mkhwebane sought an order declaring unlawful, unconstitutional, invalid and null and void the New Rules governing the process in the NA for motions for the removal of office bearers of Chapter 9 institutions.
The Speaker had opposed each of the fourteen grounds of challenge.
Parliament is consulting its legal team, who are still studying the judgment fully, and will make a determination on the implications of the judgment on its independence and the manner in which it determines its internal processes.
The manner in which the Section 194 Committee proceeds will be based on legal advice.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
Enquiries: Moloto Mothapo 082 370 6930
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