Parliament – Public protector Busisiwe Mkhwebane has written to Parliament's portfolio committee for justice that it has insufficient reasons to remove it from office because dissatisfaction with its performance is not one of the causes of expulsion into the Constitution.
"The lack of this committee on my performance is not enough to justify my removal," said Mhkwebane in an entry that was distributed to members of the committee late on Monday.
Mkhwebane had to appear before the committee on Tuesday morning to respond to a call by the leader of the Democratic Alliance to John Steenhuisen to investigate her move. She chose to respond in writing and the consultation on her entry was postponed to a later date because parliamentarians had not had enough time to study it.
In the letter, Mkhwebane said that Steenhuisen prevented her from being incompetent, but did not see that there was a very high threshold to report this as a reason for expulsion, especially if, as in her case, no warning had been given that she did not succeed to the standard set for the job.
"For this committee to start the removal process, there must be serious misconduct or substantial incompetence and the burden of proof lies with Mr. Steenhuisen, who has wrongly failed to fulfill that responsibility or one of the above-mentioned objective standards."
She had pointed out that Article 194 (1) of the Constitution gave the reasons for removal as misconduct or incompetence, a decision to that effect from a committee of the National Assembly and the adoption by the Chamber with a vote of at least two-thirds of members. of a resolution requesting removal.
Mkhwebane added by little that she believed that the DA "deceitfully" linked her own disappointment to her appointment in 2016 with the actual level of her performance.
"My performance speaks for itself," she said, adding that she had 25828 complaints in the past two years.
"Of this, we completed 21 176."
African news agency / ANA