South Africa: Chances of Removing Busisiwe Mkhwebane Are Slim After Defiant ANC Party-Political Rally of Support

Public Protector Busisiwe Mkhwebane (file photo).

Impeachment proceedings against Public Protector Busisiwe Mkhwebane will predictably play out along partisan lines, and there are now clear indications that the ANC and the EFF will lead her defence in the National Assembly. The likelihood of success in removing her is slim because the decision to be made is ultimately a party-political one.

In a recent opinion on the removal of advocate Busisiwe Mkhwebane from the Public Protector's office due to claims about her fitness to hold office, I wrote that "in the end, the rule of law will guide the process to investigate her fitness to hold office and how her final removal, if so determined, must be conducted. Again, we are talking about a process whose continuation to a detailed investigation or final end will be left to the elected politicians as decision-makers, some of whom are allergic to accountability and the rule of law. There is a likelihood they will be intimidated into voting a particular way - probably against the motion to remove her from office".

My reference to the rule of law as a way of supporting the view that impeachment is constitutional and judicial in nature may have been at the risk of...

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