CAPE TOWN, Feb. 26 (Xinhua) -- Parliament's Portfolio Committee on Justice and Correctional Services on Tuesday rejected attempts to remove Public Protector Busisiwe Mkhwebane from office.
The committee resolved to recommend to the National Assembly not to support the request to expedite proceeding to unseat Mkhwebane from office, as demanded by the opposition Democratic Alliance (DA), committee chairperson Madipoane Mothapo said in a statement emailed to Xinhua.
The DA approached Parliament last year, asking it to consider the removal of Mkhwebane after a 2017 ruling by the High Court in Pretoria found that she grossly over-reached her powers when she recommended constitutional amendments to alter the mandate of the privately-owned South African Reserve Bank.
The DA has also taken issue with how Mkhwebane investigated the Vrede dairy farm in Free State Province, a project that lost millions of rand due to alleged looting by the Indian Gupta family in collaboration with certain government officials.
Mothapo said the committee, after careful consideration, voted by majority not to probe Mkhwebane for possible fast-track removal from her constitutionally mandated position.
The committee is of the view that section 194 of the Constitution and section 2(1)(c) of the Public Protector Act of 1994 envisage a factual inquiry into the fitness of the Public Protector, said Mothapo.
It is the National Assembly that must determine that the public protector's conduct renders her unfit to hold office, said Mothapo.
The request by the DA was premature as there is a pending Constitutional Court appeal regarding the issue, she said.
"The committee noted that legal proceedings related to the judgement are ongoing. As such, we believe that it would be premature for removal proceedings to be instituted against the Public Protector," she said.
"After careful consideration, the committee has concluded not to support the request," Mothapo added.
The DA said it will now submit a minority report on the matter as it continues its fight to ensure that Mkhwebane be held to account by those she serves.
In South Africa, the Public Protector acts independently in accordance with section 181 of the Constitution, with a mandate to support and strengthen constitutional democracy. The Public Protector has the power to investigate, report on and remedy improper conduct in all state affairs.
