Here’s how Mkhwebane’s impeachment will unfold



A detailed program on how has been defined Public protector Eligibility for the post of Busisiwe Mkhwebane will proceed.

On Wednesday afternoon, Parliament’s ad hoc committee on Section 194 Investigation they met to discuss Mkhwebane’s impeachment.

The commission decided to proceed with the impeachment process after the parliament’s legal services informed parliamentarians that there was no legal action preventing them from continuing their work.

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“As has been said for months now, there is no legal impediment to the committee’s progress. I think that our position has not changed, that legally nothing prevents the commission [from continuing]. But the committee has an option to decide what it wants to do, ”said parliamentary counsel Siviwe Njikela.

According to the Parliament interim programsMkhwebane will begin appearing physically prior to the investigation in July as the evidence officers for the proceedings have since been appointed.

The public protector will be the first head of a Chapter 9 institution to face a parliamentary inquiry.

Here is a timeline of events in the impeachment process:

April 22 – May 22 2022

Mkhwebane was given a month to review the evidence – which will be used in the impeachment proceedings – against her.

This is also to give the public protector time to respond to the documents, which will be presented to Parliament.

The 30-day period expires on May 22nd.

Parliament asked Mkhwebane to indicate whether he intends to use legal representation during the impeachment hearings by 18 May.

In February the ConCourt ruled that Mkhwebane can be legally represented during the impeachment proceedings in the National Assembly.

June 2, 2022

The public will have the opportunity to comment on Mkhwebane’s impeachment.

The trial for public participation will open on Friday 13 May and will conclude on 2 June after all affidavits and evidence have been submitted.

The Secretary of the Section 194 Committee should be informed of the intention to present evidence by May 23.

“We don’t want to open a Pandora’s box where people express their personal opinions on the subject. What we are trying to achieve here is for the people who have hard evidence to support or against the motion, “said parliamentary counsel Fatima Ibrahim.

June 3, 2022

The commission will meet to discuss the procedural handling of the impeachment hearings. The aim of this meeting is for the committee to receive a draft report on procedural aspects.

The public protector’s responses to the evidence will then be presented to the Section 194 committee.

June 7 – July 10, 2022

Between these dates, the handling of the evidence and the preparation of the hearings will take place despite the constituency period of the Parliament (from 20 June to 15 August).

11 – 29 July 2022

The impeachment hearings in which testimonies against Mkhwebane will be heard will take place for five consecutive days from 11 to 15 July.

If necessary, additional provisional dates have been made available from 26 July to 29 July.

17-19 August 2022

The deliberations will last three days, August 17, 18 and 19, during which the Section 194 committee will discuss what actions to take after the hearings.

22 August – 2 September 2022

During this period, a record of the hearings of the investigation will be drawn up.

7 – 8 September 2022

The draft report will be presented to the committee for consideration on 7 September and will continue until the following day for adoption.

The MPs will be taken through the draft report by the leaders of the trials.

9-23 September 2022

Mkhwebane will be given time to review the draft report.

September 28, 2022

The public protector’s responses to the report will then be submitted to the Section 194 committee on this day.