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Parliament, Friday, 08 March 2024 – The National Assembly has today appointed an independent panel to conduct a preliminary assessment to determine whether there is prima facie evidence to pursue the removal of Mr Mbuyiselo Botha from office as a commissioner of the Commission for Gender Equality (CGE) in terms of section 194 of the Constitution.
This follows a motion submitted in terms of National Assembly Rule 129R. The rule provides for procedures to remove an office bearer in institutions supporting constitutional democracy.
Ms Fikile Masiko, a Member of Parliament, tabled a motion requesting the House to initiate a process to remove Commissioner Botha from office as a commissioner based on a range of allegations levelled against him. These are all stipulated in the motion.
Per the Rules, the Speaker invited parties to submit nominations to establish an independent panel to conduct a preliminary inquiry to assess the motion. The panel must consist of three fit and proper persons who collectively must possess the necessary legal and other competencies.
Parties subsequently submitted a list of nominees. The Speaker is grateful to parties for their considered input. Having considered the nominations, people were then approached but some of the nominees were not available because of professional commitments and other considerations.
The Speaker has appointed the following persons to the panel: Adv William Rasenga Mokhare SC (as Chairperson); Adv Noxolo Mbangeni; and Mr Malcolm Gessler.
Adv Mokhare is a lawyer and has served in various judicial capacities. He was instrumental in establishing the Polokwane and Mpumalanga Bars and became their first chairperson.
Adv Noxolo Mbangeni is an Advocate of the High Court of South Africa and the Cape Bar.
Mr Gessler is an Attorney of the High Court of South Africa. He is also a lecturer and an academic.
The panel must determine whether there is prima facie evidence to show that the holder of a public office committed misconduct; is incapacitated; or is incompetent. In so doing, it must provide the holder of a public office with a reasonable opportunity to respond, in writing, to all relevant allegations. It may not hold oral hearings but must limit its assessment to the relevant written and recorded information before it. The panel may otherwise determine its own working arrangements.
According to the Rules, the panel must complete its work and report within 30 days. The report in turn must be scheduled for consideration by the House.
The panel will start its duties from 8 March 2024.
ISSUED BY THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
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