Public Protector Busisiwe Mkhwebane has lodged a court application for an interdict to force the National Assembly speaker to halt her impeachment and prevent President Cyril Ramaphosa from suspending her. | gerbjan
decided to continue its workMeanwhile, Ramaphosa asked Mkhwebane to motivate why she shouldn't be suspended, triggering what Section 194 Committee chairperson Qubudile Dtyantyi called a"festival of letters".
Mkhwebane argues that Mapisa-Nqakula's letter to Ramaphosa is"illegal" because she"failed to take into account or apply her mind to a relevant consideration, namely the actual delivery of the rescission application and took into account an irrelevant consideration, namely the earlier decision of the committee, which had been significantly overtaken by events"."The president committed and repeated the same consequential mistake.
She said the committee failed to take her rescission application into account in contravention of the National Assembly's Rule 89. Rule 89 reads as follows:"No member may reflect upon the merits of any matter on which a judicial decision in a court of law is pending."' "Furthermore, the desire by the speaker and/or committee to act irrationally and outside the ambit of the law does not end with all the reasons mentioned above, it extends to flouting its own rules. The National Assembly has rules in place which ought to govern its process. These rules enjoy a status of subsidiary legislation. For instance, Rule 89 prohibits the National Assembly from discussing an issue which is sub judice.
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