for the dismissal of the heads of Chapter 9 institutions,2 including the Public Protector, and therefore referred the matter for determination to the Rules Committee of the National Assembly . 5. The Complainant submits that on 28 November 2019, the draft rules of removal of heads of Chapter 9 institutions were tabled in the National Assembly and adopted on 03 December 2019 . Thereafter, the Democratic Alliance filed a petition for the removal of the Victim under the new Rules. 6. The Complainant submits that in 2021 the Victim filed a case in the High Court challenging the constitutionality of the new Rules. The Complainant further submits that the Victim partially succeeded on her challenge against the impugned Rules; however, the Speaker of the National Assembly challenged the High Court's decision in the Constitutional Court, particularly an order declaring the new Rules unconstitutional and invalid. 7. The Complainant further submits that the Victim sought an order to cross-appeal against the judgment of the High Court in the Constitutional Court. 8. The Complainant submits that the Constitutional Court upheld that the Rule relating to deprivation of legal representation as unconstitutional and invalid; however, set aside the High Court's judgment declaring Rule 129V, which provides for appointment of a Judge in the Independent Panel tasked to determine whether there are grounds for the removal of the office-bearer under Chapter 9, as unconstitutional and finding that the appointment of a Judge to the Independent Panel is permissible . 9. Not satisfied with the decision of the Constitutional Court, the Complainant avers that the Victim submitted the Complaint for consideration by the Commission. Articles alleged to have been violated: 10. The Complainant submits that the Respondent State has violated Articles 1, 7(1) and 26 of the African Charter. Prayers: 11 . The Complainant requests the African Commission on Human and Peoples' Rights (the Commission) to : Declare that the Respondent State has violated the Victim's rights under Articles 1, 7(1) and 26 of the African Charter; ii. That Rule 129V relating to appointment of a Judge as part of the Independent Panel is inconsistent with Article 26 of the African Charter; iii. That Rule 129V relating to appointment of a Judge as part of the Independent Panel is declared unconstitutional and invalid ; 1.

اختر الفقرة المستهدفة3