Parliament, Tuesday 25 May 2021 – The National Assembly (NA) Rules Committee today unanimously agreed to NA Speaker Ms Thandi Modise’s decision to expand the composition of the Section 194 Enquiry Committee to 36 members and to give all NA political parties proportional voting rights.

The committee will enquire into whether or not there are grounds for removal from office of the Public Protector Advocate Busisiwe Mkhwebane.

The previous composition of the committee, announced on 7 April, was 26 members from the 14 NA political parties. Of the 26 members, 11 were voting members and 15 were non-voting members.

The revised composition, to be implemented immediately, increases overall membership to 36 members. All 36 will have voting rights and proportional membership will be:
19 members – African National Congress
4 members – Democratic Alliance
2 members – Economic Freedom Fighters
1 member each – Inkatha Freedom Party, African Christian Democratic Party, National Freedom Party, Freedom Front Plus, United Democratic Movement, GOOD, African Independent Congress, Congress of the People, Pan Africanist Congress, Al Jama-ah

The Committee resolved also to allocate the African Transformation Movement a seat with voting rights, even though it formerly expressed its decision not to participate in the Section 194 committee’s proceedings.

The Rules Committee has referred the Speaker's determination to the Sub-Committee on the Review of Rules to be effected in the Rules of the Assembly.

The NA voted in favour of establishing the Section 194 Committee on 16 March. This was after adopting the report of an Independent Panel of experts which recommended that such a committee be established. In terms of the NA Rules, the Section 194 Committee has to conduct the enquiry, to establish whether the charges against the Public Protector are sustainable and to report to the NA for a decision.

The committee’s report must give findings, recommendations and reasons for their recommendations. Such a report must also be scheduled for consideration and debate in the NA with appropriate urgency.

The committee must finish its work within a reasonable time and must elect its chairperson at its first meeting.

ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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