6th ParliamentConcluded

Mkhwebane Impeachment Committee

Independent Panel and Ad Hoc Committee on Section 194 Inquiry into the Fitness of Advocate Busisiwe Mkhwebane to Hold Office as Public Protector

Chair: Qubudile DyantyiEst: 1 February 2022Constitution Section 194 + National Assembly Rule 129R

Explain like I'm 10

The Public Protector Busisiwe Mkhwebane had lost many cases in court. Judges had said she acted in bad faith and was dishonest. Parliament decided to investigate whether she should be removed from her job. This was only the second time in South Africa's…

In plain English

The Public Protector Busisiwe Mkhwebane had lost many cases in court. Judges had said she acted in bad faith and was dishonest. Parliament decided to investigate whether she should be removed from her job. This was only the second time in South Africa's history that Section 194 of the Constitution — the removal process for Chapter 9 heads — was ever used. No Chapter 9 institution head had ever been removed by Parliament before. It took almost 30 years of democracy for this constitutional mechanism to actually be used.

Legal framing

To conduct a Section 194 inquiry into whether Public Protector Busisiwe Mkhwebane was guilty of misconduct or incapacity, following multiple court findings against her and a preliminary independent panel finding that there was a prima facie case.

Mandate

To conduct a Section 194 inquiry into whether Public Protector Busisiwe Mkhwebane was guilty of misconduct or incapacity, following multiple court findings against her and a preliminary independent panel finding that there was a prima facie case.

Announced1 February 2022

First meeting1 September 2022

Concluded1 June 2023

Report adopted22 August 2023

People

2 figures

Chair

1

Qubudile DyantyiANCChair of the Section 194 inquiry.

Subject of inquiry

1

Busisiwe MkhwebanePublic Protector whose fitness to hold office was the subject of this section 194 inquiry. Removed by the National Assembly on 22 August 2023 — the first removal of a Chapter 9 institution head in democratic South Africa.

Linked laws

Outcome

What happened

The committee found Mkhwebane guilty of misconduct and recommended her removal. The National Assembly voted 257–83 to remove her on 22 August 2023 — the first removal of a Chapter 9 head in democratic South Africa's history.

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