The Western Cape high court has found that sections of parliament’s impeachment rules are unconstitutional - in a judgment that has cast doubt on the lawfulness of the impeachment process so far against public protector Busisiwe Mkhwebane.
The Western Cape high court says sections of parliament’s impeachment rules are unconstitutional, casting doubt on the legality of the impeachment process against public protector Busisiwe Mkhwebane.The Western Cape high court has found that sections of parliament’s impeachment rules are unconstitutional — in a judgment that has cast doubt on the lawfulness of the impeachment process so far against public protector Busisiwe Mkhwebane.
The majority of the public protector’s attacks on the constitutionality of the rules were dismissed. But on those two issues, the court cut offending words from the rules to make them constitutional. “It was only because of the findings of the panel that the present parliamentary committee was consequently appointed after the tabling of the panel report in the National Assembly,” said the statement.In the judgment, judge Elizabeth Baartman said she had “no reservation” that it was “undesirable” to appoint a judge to be part of the independent panel.
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