National Assembly Speaker Modise said on Wednesday night that she has noted the judgment of the Western Cape High Court that found some of the rules for removing heads of Chapter 9 Institutions to be unconstitutional.
"The Speaker welcomes the court’s dismissal of the application and notes the adverse findings of the court regarding the inclusion of a judge on the independent panel and the right of the holder of such office to legal representation at the Section 194 enquiry stage of the process," spokesperson Moloto Mothapo said.
He also said there could be circumstances where the appointment of the judge to the panel would be appropriate, but this was not such a case. Public Protector Busisiwe Mkhwebane approached the high court in an application where she asked for an order declaring unlawful, unconstitutional, invalid and null and void the rules governing the process in the National Assembly for motions for the removal of office bearers of Chapter 9 institutions.The judgement has put into jeopardy inquiry into the fitness of Mkhwebane to hold office.
He also said the manner in which the Section 194 Committee proceeded would be based on the legal advice to be obtained.
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