The former Public Protector, dismissed for her poor conduct, will now be set up to oversee her successor
Former Public Protector Busisiwe Mkhwebane, now an EFF MP, is set to serve on the same committee that previously scrutinized her work. She has been appointed to the Portfolio Committee on Justice and Correctional Services, overseeing her successor, Kholeka Gcaleka. Mkhwebane had blamed Gcaleka for withdrawing funding for her legal representation, resulting in her accumulating over R30 million in legal costs.
Qubudile Dyantyi, an ANC MP who chaired the Section 194 Committee that found Mkhwebane incompetent and guilty of misconduct, is also part of this committee. The Section 194 Committee recommended Mkhwebane's removal to the National Assembly, which adopted the recommendation with a two-thirds majority.
Democratic Alliance (DA) MP Glynnis Breytenbach, who opposed Mkhwebane's appointment in 2016 and was sued by Mkhwebane for referring to her as a spy, is another member of the committee. Mkhwebane had unsuccessfully sought Dyantyi's recusal as chairperson on multiple occasions, alleging bias.
Mkhwebane took her recusal requests to court, but the Western Cape High Court rejected her application. She later appealed to the Supreme Court of Appeal.
Additionally, Mkhwebane has a pending defamation case against Breytenbach, which has been on hiatus. In this case, she was ordered to hand over her application for a position at the State Security Agency, which was not submitted.
Despite multiple court setbacks during her tenure as Public Protector, Mkhwebane has continued to criticize the judiciary and accuse judges of being biased against her. She has filed numerous complaints against judges who ruled against her and suggested that some rulings were based on "wrong facts." Mkhwebane has also been involved in disparaging articles against judges who ruled against her, with evidence showing her involvement in such articles.
The appointment of Mkhwebane to the Portfolio Committee on Justice and Correctional Services is likely to raise concerns and debates in South Africa, given her contentious tenure as Public Protector. This development has raised questions about the potential impact on the oversight and accountability of the Office of the Public Protector.
