Parliament can proceed with impeachment process against Mkhwebane, ConCourt rules
The Constitutional Court has ruled that the National Assembly's impeachment proceedings against Public Protector Busisiwe Mkhwebane can proceed.
The court handed down a unanimous judgment in the case where National Assembly Speaker Nosiviwe Mapisa-Nqakula and the Democratic Alliance appealed to the court to overturn a Western Cape High Court ruling last year, which found fault with two of the rules for a Chapter 9 head's removal.
The Constitutional Court set aside the High Court ruling that a judge should not be appointed to the independent panel, which should consider whether there is a prima facie case against the Chapter 9 institution's head. But, it did uphold the ruling that the Chapter 9 institution's head is entitled to legal representation during the hearing part of the process.
The apex court dismissed the Public Protector's cross-appeal.
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