Public Protector's fitness to hold office explained

Law expert Professor Cathy Powell and legal journalist Karyn Maughan give an assessment of the PP's position in terms of the law.

The Democratic Alliance last week failed in a proposal that Parliament should begin procedures for the removal of Public Protector Bisisiwe Mkhwebane, arguing that she is incompetent.

The party says that incompetency is one of the three criteria in which the fitness of the Public Protector can be tested by law.

Public law expert Professor Cathy Powell seems to be agreeing with the DA that Mkhewbane is indeed incompetent.

She explains why the Public Protector is incompetent in terms of her job as required by law.

There are specific grounds to fire the Public Protector. Those are incompetence, misconduct, and incapacity - and those are legally ascertainable terms.

Cathy Powell, Public law expert

As a law lecturer, I have been reading her reports and they are so poor that I would consider them beyond incompetent and that's what the law requires.

Cathy Powell, Public law expert

It is things like excising power that she doesn't have over and over again, trying to apply the provision of the Bill of Rights which she doesn't have the competence to apply, and claiming jurisdiction on issues that the public protector has no jurisdiction over...

Cathy Powell, Public law expert

Specialist legal journalist for Tiso Blackstar Karyn Maughan says she was shocked when the Public Protector made a recommendation that the Reserve Bank should change its mandate.

Maughan went through some of the errors that made many question the Public Protector's fitness to hold office.

To hear the rest of the conversations on the Public Protector and her fitness to hold office, listen below:

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