30 May 2019
SACCI statement on the BUSA petition to the National Assembly for the removal of Adv Mkhwebane as the Public Protector.
We have read with concern, BUSA’s statement to petition the National Assembly for the removal of Advocate Busisiwe Mkhwebane from the position of Public Protector.
This action by BUSA has not been canvassed with the South African Chamber of Commerce and Industry as the biggest affiliate of BUSA. Similarly as SACCI we have not obtained the mandate of our own affiliates and members to call upon the National Assembly to initiate such a significant constitutional action.
To this end, SACCI respects the separation of powers as enunciated in the Constitution of the Republic of South Africa with the rule of law at its epicenter.
Matters of disputes between any parties should be resolved through relevant tribunals, including judicial processes as in the competence of the courts.
As a significant business organization and social partner, we maintain an apolitical stance and do not take sides in any political or legal dispute that may arise between two or more parties at any time. We respect the independence of the judiciary and the courts exist precisely to arbitrate such matters.
As SACCI, our policy is to refrain from issuing any public statements or contemplate any extra/-judiciary or political action on matters that are before the courts, until such time as the last competent court has adjudicated on the matters in dispute.
Drastic action such as contemplated by the BUSA proposal, to petition for the removal of the head of a chapter 9 institution of the Constitution of the Republic, may lead to a constitutional crisis. This is not something that should be taken lightly, and requires not only deep reflection, but wide and extensive consultations with our affiliated members and stakeholders in terms of our governance protocols as a body representing a wide range of constituencies in the South African Chamber of Commerce and Industry.
In light of the provincial and national executive announcements, as a business organization our main focus should be on the issues that pertain to economic growth, job creation, the alleviation of poverty and the creation of the necessary environment for improving our sovereign credit rating and investor confidence.
We have raised our concerns with the leadership of BUSA and are looking forward to further consultations in this regard.
Comment: Alan Mukoki 082 551 1159