The Sobukwe Clause and vendettas. Public Protector Busisiwe Mkhwebane's advocate Dali Mpofu got a judicial tongue-lashing for comparing democratic South Africa's Parliament with the apartheid government.
On 3 May 1963, the apartheid Parliament passed the General Law Amendment Act to annually extend Pan Africanist Congress (PAC) leader Robert Sobukwe's solitary confinement on Robben Island until May 1969, when he was banished to Galeshewe, Kimberley. It's known as the Sobukwe Clause because it was only ever used against the founding PAC leader.
But when Public Protector Busisiwe Mkhwebane's advocate, Dali Mpofu, on Wednesday argued the parliamentary rules on removing office-bearers of the constitutionally established Chapter 9 institutions to support democracy were like the Sobukwe Clause - Mpofu claimed they were aimed specifically at the public protector - he was stopped in his tracks.
"It's bizarre that in this constitutional democracy you would argue Parliament would institute a Sobukwe Clause," said Judge Vincent Saldanha.
"The analogy you make is that Parliament acted like the apartheid government... How can you make the analogy that this Parliament would make rules like the apartheid government parliament did?"
Mpofu eventually argued his comments were related to the DA.
"I'm coming to Parliament later......