NATIONAL Assembly Speaker Thandi Modise was described as unreasonable and did not behave neutral when entertaining the motion to remove Public Protector Advocate Busisiwe Mkhwebane.
This was the argument submitted to the Western Cape High Court yesterday, where Mkhwebane was applying for an urgent interdict to stop a parliamentary process to remove her from office.
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This after Modise approved a motion tabled by the DA.
Mkhwebane’s legal representative, Advocate Dali Mpofu, argued that Modise was so unreasonable and bias she did not even inform the public protector about the complaint and that she approved it.
Even then, argued Mpofu, when Mkhwebane approached Modise to get a copy of the complaint, Modise refused to give it to her. But Mpofu did not provide reasons given by Modise on why she refused to produce the complaint.
“Any decision maker who behaves like that leaves a lot to be desired. Why would a neutral speaker do that? Why would she refuse to give us the copy of the complaint?
“A fair-minded person would have at least informed the person concerned. Even the most horrible criminal is told you are being charged with this and that,” argued Mpofu, stressing that Modise was biased towards Mkhwebane.
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Mpofu also argued that the new rules adopted late last year before the motion was approved couldn’t be used to impeach Mkhwebane. He said that had Modise given the public protector an audience, she would have raised it in their discussions.
He argued that before the new rules were adopted, any Chapter 9 institution could be removed from office only if they were incompetent.
The hearing continues today.