Mkhwebane was found guilty of misconduct and incompetence by the Section 194 committee. On Friday, the committee essentially delivered a summary of the draft report.
President Cyril Ramaphosa removed Mkhwebane last year when she began investigating the president’s Phala Phala scandal.
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The committee, chaired by ANC MP Richard Dtyantyi, will now draft its final report, which will be presented to the National Assembly for consideration.
Adoption of the report requires the support of two-thirds of the National Assembly.
According to Fatima Ibrahim, the committee’s legal advisor, the report makes substantial unfavourable findings of wrongdoing against Mkhwebane in a variety of investigations, reports, and her handling of following litigation, as well as matters relating to the expenditure of public funds.
She said, “There is ample evidence, as set out in this report, giving rise to several grounds of misconduct from the charges as set out in both Part A and Part B of this report and which span from the findings made in respect of the Lifeboat, Vrede, SARS Unit and CR17 matters.
“Based on the evidence before it and the submissions it has received, Advocate Mkhwebane has misconducted herself on multiple occasions and in the most egregious manner to the extent that, in its view, any of the three misconduct charges standing alone – or indeed even certain of the sub-charges would warrant removal.
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“Mkhwebane has also demonstrated an unacceptable and debilitating level of incompetence and, for that reason too, the committee recommends that the NA remove her from the Office of the Public Protector.”
Before being delivered to the National Assembly, the draft report will be sent to Mkhwebane for comment and that is expected to happen as soon as possible.
