In February 2020, the Chief Whip of the Official Opposition, Natasha Mazzone, submitted a motion to the Speaker of the National Assembly, Thandi Modise, with regards to Rule 129R of the National Assembly rules for the initiation of proceedings, more particularly an inquiry to establish whether or not Advocate Busisiwe Mkhwebane should be removed from office as Public Protector on the basis of misconduct and/or incompetence.
[1] After the declaration by the Speaker that Mazzone's motion was in order, she appointed a three-member independent panel headed by retired Constitutional Court justice Bess Nkabinde and consisting of advocate Dumisa Ntsebeza and academic Johan de Waal on 25 November 2020 to conduct and finalise a preliminary assessment to determine whether there is prima facie evidence showing that the Public Protector is not fit to hold office.
Mkhwebane did attempt to stop the formation of the panel and approached the Western Cape High Court but her application was dismissed.
[6] During a sitting of the National Assembly on 16 March 2021, the House approved the establishment of a special committee to conduct an inquiry into Mkhwebane's fitness to hold office.
[11] The Rules Committee of the National Assembly met on 5 May to consider giving smaller parties voting rights, however, the ANC, DA and FF Plus opposed the idea.