Committee on Section 194 Enquiry

The Committee was established on 7 April 2021, and has 26 members representing each of the 14 political parties represented in the National Assembly. Only 11 will be voting members of the committee, with 15 non-voting members.

Background

On 21 February 2020, the DA Chief Whip, Ms Natasha Mazzone, submitted a motion to the Speaker of the National Assembly, Ms Thandi Modise, in terms of Rule 129R of the National Assembly rules for the initiation of proceedings, more particularly an inquiry to determine whether the Public Protector should be removed from office on the grounds of misconduct and/or incompetence.

Following the declaration by the Speaker that the motion was in order, an independent panel was appointed to conduct and finalise a preliminary assessment to determine whether there is prima facie evidence showing that the Public Protector has indeed committed misconduct, or is incompetent and to make recommendations in a report to the Speaker.

After gathering evidence and listening to inputs – including some from Adv Mkhwebane herself – the panel said it had found substantial prima facie evidence of incompetence and misconduct – and Parliament could go ahead to form a committee to impeach her. See panel report here.

Guided by the report of the independent panel, the National Assembly decided during a 16 March 2021 sitting whether it agrees with the panel, and whether a Section 194 inquiry should be held or not.

275 MPs voted in support of the establishment of the inquiry, 40 voted against and one abstained. Hansard record here.

Committee on Section 194 Inquiry documents:  

• Motion Initiating Enquiry 21 February 2020
• Response of the Public Protector Extracted from Annexure Document
• Rules on the Removal of Office Bearers of Ch9 Bodies published ATC No 111 dated 2019-11-28
• Terms of Reference of Committee for Section 194 Enquiry 22 Feb 2022
• Report of the Independent Panel on the Public Protector - Parliament of South Africa