Hawks 'shocked' by Public Protector Mkhwebane's accusations
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".
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
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:
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