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This is how Mkhwebane plans to fight impeachment. Does she have ...


This is how Mkhwebane plans to fight impeachment. Does she have a case?

Public protector’s counsel, Dali Mpofu, argues impeachment process is a ‘legal impossibility’. Parliament begs to differ

Franny Rabkin

It is a “logical and legal impossibility” for an impeachment process to go ahead against public protector Busisiwe Mkhwebane — the rules of parliament prevent it, says Mkhwebane’s counsel, Dali Mpofu SC, in written argument to the Western Cape High Court. 

Mkhwebane faces impeachment on a number of grounds of misconduct and incompetence, including findings of dishonesty and acting in bad faith by the Constitutional Court. Her legal challenge to the constitutionality of parliament’s impeachment rules and impeachment process against her begins on Monday. 

It will be heard by judges Elizabeth Baartman, Mokgoatji Dolamo and Lister Nuku. Nuku was allocated to the case after Western Cape judge president John Hlophe, who had originally allocated himself to hear the matter, recused himself after a letter from the DA. The DA is a party to the case, as it was DA MP Natasha Mazzone who brought the impeachment motion in parliament...

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