ADVOCATE Busisiwe Mkhwebane is gone!
She was fired on Tuesday, 12 September.
President Cyril Ramaphosa wrote to her and gave his reasons why she was fired as the Public Protector.
“I therefore, hereby inform you that you are hereby removed from the Office of the Public Protector in terms of section 194(3)(b) of the Constitution on the grounds of misconduct and incompetence,” said Ramaphosa.
Mkhwebane posted her dismissal letter on X, previously known as Twitter, on Wednesday morning, 13 September, and said she would challenge Ramaphosa’s decision.
She said in the caption: “DA/ANC MISSION ACCOMPLISHED! I wish we could see such “concomitant efficiency” to end load shedding? This injustice, sadly perpetrated on Steve Biko Day, will be legally challenged in review proceedings. The stone the builders rejected became the cornerstone. If I perish I perish. Ngiyathokoza Mzansi and Africa.”
Mkhwebane was suspended on 9 June 2022 following allegations of misconduct and incompetence.
On 16 March 2021, the National Assembly established the Section 194 Committee of Enquiry to probe her fitness to hold office.
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On 22 August 2023, it recommended she should be fired.
Members of Parliament debated and voted out with a two-thirds majority on Monday, 11 September.
Mkhwebane is the first-ever head of a Chapter 9 institution in the history of Mzansi’s democracy to be impeached.
“In terms of section 194(3)(b) of the Constitution, when the National Assembly adopts a Resolution for the removal of the Public Protector, the President “must” remove the Public Protector from the office,” said Ramaphosa.
Mkhwebane faces a litany of charges, including her discredited Sars Investigating Unit report, human resources-related matters, fruitless and wasteful and or unauthorised public expenditure in legal costs and the CR17/Bosasa matter.
Tabling the report before the National Assembly, chairman of the committee, Qubudile Dyantyi, said it was crystal clear that Mkhwebane was not fit and proper to hold the high office of public protector.
“I have no doubt that this process will forever be recorded in the history books of our nation as a reminder to every person who performs a public function that you are accountable for your actions,” he said.
Ramaphosa’s spokesman Vincent Magwenya confirmed that Mkhwebane was fired.
“Accordingly, President Ramaphosa has informed Advocate Mkhwebane of the action to remove her from the Office of the Public Protector,” he said.
