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- National Assembly Speaker Nosiviwe Mapisa-Nqakula appointed an independent panel for the removal proceedings of Commission for Gender Equality commissioner Mbuyiselo Botha.
- The panel comprises advocate William Rasenga Mokhare SC, as chairperson, advocate Noxolo Mbangeni and attorney Malcolm Gessler.
- They have 30 days to determine whether there is a prima facie case for Botha's removal and whether the National Assembly should proceed with impeachment proceedings.
National Assembly Speaker Nosiviwe Mapisa-Nqakula appointed an independent panel to determine whether there is a prima facie case for removing Commission for Gender Equality commissioner Mbuyiselo Botha, Parliament announced on Friday.
This follows the motion for Botha's removal by ANC MP Fikile Masiko, submitted in November last year.
"Per the Rules, the Speaker invited parties to submit nominations to establish an independent panel to conduct a preliminary inquiry to assess the motion.
"The panel must consist of three fit and proper persons who collectively must possess the necessary legal and other competencies," read the statement from Parliament.
Parties represented in Parliament submitted nominations.
"The Speaker is grateful to parties for their considered input.
"Having considered the nominations, people were then approached but some of the nominees were not available because of professional commitments and other considerations."
Mapisa-Nqakula appointed advocate William Rasenga Mokhare SC as chairperson of the panel, which will also be made up of advocate Noxolo Mbangeni and Malcolm Gessler.
ALSO READ | Commission for Gender Equality suspends Mbuyiselo Botha for 'albino' comment
According to Parliament, Mokhare served in various judicial capacities, was instrumental in establishing the Polokwane and Mpumalanga Bars, and became their first chairperson.
Mbangeni is an advocate of the High Court of South Africa and Cape Bar, while Gessler is an attorney of the High Court, lecturer and academic.
"The panel must determine whether there is prima facie evidence to show the holder of a public office committed misconduct, is incapacitated, or is incompetent.
The statement from Parliament read:
"It may not hold oral hearings but must limit its assessment to the relevant written and recorded information before it.
"The panel may otherwise determine its own working arrangements.
"According to the Rules, the panel must complete its work and report within 30 days.
"The report in turn must be scheduled for consideration by the House."
The panel will start its work on Friday.
ALSO READ | Court papers show Ramaphosa and Mapisa-Nqakula differ on who should discipline Botha
Masiko's motion - which is yet to be adopted by the House; this can only happen after the panel has completed its work - contains five charges against Botha.
Four of the charges relate to demeaning statements Botha is alleged to have made against fellow commissioners - three of whom are women.
The other charge reads: "Commissioner Botha's posture and attitude that he intended to disrupt and fight at a plenary meeting is not in the best interest of the CGE [Commission for Gender Equality].
"He has failed to act without prejudice, to bring an open mind to the affairs of the CGE, and to manage any conflicts with his fellow commissioners.
It added:
President Cyril Ramaphosa appointed Botha as a commissioner on 1 August 2019, and his term will expire on 31 May 2024.
The commission suspended Botha in 2021 following the alleged incidents related to the impeachment charges against him.
The court, however, overturned the suspension because only the president can suspend a commissioner - which, in turn, can only happen after the National Assembly adopts the motion.
With his term coming to an end in May, Parliament will be in a race against time to finalise the process.
READ MORE | CGE’s attorneys deal questioned
It is expected Parliament will rise at the end of March, and the Seventh Parliament will only be constituted sometime in June, as the elections take place on 29 May.
This is the second time the National Assembly has embarked on a Section 194 process.
Previously, it resulted in Busisiwe Mkhwebane being found guilty of misconduct and incompetence, warranting her removal as Public Protector.
She was the first Chapter 9 office bearer to be removed.
It proved to be a protracted undertaking, with Mkhwebane waging a war of attrition with the Section 194 Committee after her impeachment motion was adopted in March 2021.
She was only removed in September last year and now serves as an EFF MP in the body that found her incompetent and guilty of misconduct.
