Streaming issues? Report here
magic-bus-on-capetalkpng
The Magic Bus on CapeTalk Classics
21:00 - 23:59
volume_up
volume_mute

The Magic Bus on CapeTalk Classics
21:00 - 23:59
Home
arrow_forward
Politics

Hawks 'shocked' by Public Protector Mkhwebane's accusations

29 January 2020 2:32 PM
Tags:
Hawks
Public Protector
Constitutional law expert Pierre de Vos
Public Protector Busisiwe Mkhwebane
Brigadier Hawani Mulaudzi
Brigadier Hangwani Mulaudzi and Prof. Pierre de Vos respond to claims that Hawks are playing politics, removal process unlawful.

Public protector Busisiwe Mkhwebane this week declared that she will not be providing a warning statement to the Hawks, busy investigating a complaint of perjury against her laid by Accountability Now.

According to Mkhwebane state institutions, including the Hawks, are being used to settle political scores.

The Public Protector also maintains that the parliamentary process to remove her from office is "unlawful and unconstitutional".

RELATED: Will there be attempt to remove Busisiwe Mkhwebane as Public Protector in 2020?

On the Midday Report, Hawks spokesperson Brigadier Hangwani Mulaudzi and constitutional law expert Pierre de Vos respond to these complaints.

Brigadier Mulaudzi says the Hawks were "shocked" at Mkhwebane's accusations and will now present the docket to the National Prosecuting Authority (NPA) for a decision, without her statement.

We are following the processes in terms of getting statements and one of those statements that was still outstanding was from her office, or from her.

Brigadier Hangwani Mulaudzi, Hawks spokesperson

We are now going to take the docket as it is to the NPA and they will then decide what is the way forward based on what she said yesterday.

Brigadier Hangwani Mulaudzi, Hawks spokesperson

To say there is compelling evidence or not, that is a matter we will have to investigate.

Brigadier Hangwani Mulaudzi, Hawks spokesperson

RELATED: Mkhwebane says some remedial actions and report findings are being ignored

Commenting on the Public Protector's claims about the unconstitutionality of the process to remove a head of a Chapter 9 institution, constitutional law expert Professor Pierre de Vos says she's conflating legal and political decisions.

There's actually a provision in which it says the form which the preliminary inquiry must take depends entirely on the National Assembly.

Prof. Pierre de Vos - Claude Leon Foundation Chair in Constitutional Governance - UCT

There is no obligation to afford the person a hearing at this preliminary stage, so the court said that clearly, it's binding law so there's no argument there.

Prof. Pierre de Vos - Claude Leon Foundation Chair in Constitutional Governance - UCT

The Public Protector says MPs are conflicted in deciding on her fitness to hold office.

De Vos points out that you cannot apply the rules you have for a court, to the National Assembly.

If the National Assembly were a court of law that would be a completely valid and strong argument, but it is the National Assembly. It is full of politicians and they are always conflicted on every single issue they make a decision on.

Prof. Pierre de Vos - Claude Leon Foundation Chair in Constitutional Governance - UCT

The decision ultimately to remove the Public Protector once there is a finding by the independent panel about whether she can be removed, is always a political decision, it's not a legal decision.

Prof. Pierre de Vos - Claude Leon Foundation Chair in Constitutional Governance - UCT

For more detail, click on the audio below:


29 January 2020 2:32 PM
Tags:
Hawks
Public Protector
Constitutional law expert Pierre de Vos
Public Protector Busisiwe Mkhwebane
Brigadier Hawani Mulaudzi

More from Politics

jacob-zuma-or-tambo-ewnjpg

Zuma returns from Cuba, addresses 'hundreds' of supporters

22 February 2020 2:05 PM

Former president Jacob Zuma arrived at OR Tambo International where supporters waited to give him a hero's welcome.

Share this:
Read More arrow_forward

Zumastatecapture 2347

Jacob Zuma supporter? Carl Niehaus wants you at OR Tambo on Saturday

21 February 2020 1:10 PM

Jacob Zuma is coming back! "He has responded positively to treatment and has been discharged from hospital," says Niehaus.

Share this:
Read More arrow_forward

Boy Mamabolo

ANC MP Boy Mamabolo apologises to Malema and wife for 'insensitive' abuse claims

21 February 2020 12:10 PM

The ANC MP who accused Julius Malema of abusing his wife Mantoa apologised to the EFF leader in the early hours of Friday morning.

Share this:
Read More arrow_forward

Refilwe Moloto behind the mic

'It's BS! Don't stand there apologising to one another, men. Apologise to us!'

21 February 2020 9:55 AM

CapeTalk breakfast host Refilwe Moloto feels very strongly that Ramaphosa should apologise to Malema's wife Mantwa, not to Malema.

Share this:
Read More arrow_forward

200221-winde-sopa-edjpg

Keep the bad guys locked up! – Premier Alan Winde on the State of the Province

21 February 2020 9:15 AM

Refilwe Moloto interviews Western Cape Premier Alan Winde about his Address (Sopa), delivered in Mitchells Plain on Thursday.

Share this:
Read More arrow_forward

Milnerton-Lagoon-Pollution-sign

Milnerton Lagoon: National pressure group steps in to clear muddy waters

21 February 2020 8:19 AM

Organisation Undoing Tax Abuse is engaging with the City of Cape Town after having found high E. coli levels in the water tested.

Share this:
Read More arrow_forward

dudu myeni

Myeni finally appears in court, denies Zuma role in SAA board chair appointment

20 February 2020 1:47 PM

Former SAA board chair Dudu Myeni testifies in her delinquincy case that she heard about Zuma's alleged role via media reports.

Share this:
Read More arrow_forward

Julius Malema Sona 2020

[WATCH] Justice Minister Lamola lambastes Malema as power-hungry authoritarian

20 February 2020 10:17 AM

Ronald Lamola spoke in Parliament on Wednesday during the post-Sona debates and took aim at EFF's leader Julius Malema.

Share this:
Read More arrow_forward

MashabaInAlex0700

'Watch this space!' Mashaba set to bust corruption with private prosecution team

19 February 2020 2:52 PM

Herman Mashaba (People's Dialogue founder and former Joburg mayor) outlines his plans to take on the NPA over unprosecuted cases.

Share this:
Read More arrow_forward

Juju

'Julius Malema spent VBS money on Nando's, outfit for Durban July'

19 February 2020 2:03 PM

Scorpio investigative journalist Pauli van Wyk on what's holding up prosecution of VBS looters, and the EFF top guns' VBS spend.

Share this:
Read More arrow_forward