Statement by ANC Justice and Correctional Services Study Group on removal of Public Protector

27 August 2019

The African National Congress (ANC) Study Group on Justice and Correctional Services welcomes the decision taken by Parliaments Portfolio (PC) Committee on Justice and Correctional Services, to refer the removal of Adv. Busisiwe Mkhwebane from the office of the Public Protector (PP), to Parliaments Rules Committee.

Currently, section 194(1) of the constitution provides for the removal of the Public-Protector on the grounds of misconduct, incapacity or incompetence. The constitution also states that should a committee in the National Assembly find such an adverse finding against the PP, then the incumbent would be removed from the Chapter Nine Institution.

However, despite this provision, the constitution does not explicitly state the mechanism that should be employed to remove an individual from the Office of the Public Protector from office. Therefore, it is with this in mind that parliament’s rules committee has been tasked with drafting a set of rules, that will dictate what procedure should be followed when removing the Public Protector, or the head of any other Chapter Nine Institution from office.

As a Chapter Nine Institutions, the Office of the Public Protector is a corner stone of our democracy, and plays a crucial role in keeping members of the executive accountable. We as the ANC Study Group on Justice and Correctional will ensure that this process is fair, transparent and objective, in line with values and beliefs of South Africa’s constitution.

Issued by the ANC Study Group on Justice and Correctional Service Whip, Comrade Hishaam Mohamed


Andile Mdleleni