After the elections next year, the Economic Freedom Fighters (EFF) will ensure that ministers don't take steps to have the remedial actions of Chapter 9 institutions, such as the Public Protector, taken on review, former Public Protector Busisiwe Mkhwebane said.

Mkhwebane became the first head of a Chapter 9 institution to be removed after a parliamentary impeachment inquiry found her guilty of misconduct and incompetence, much of it stemming from scathing court rulings after ministers and state institutions took her reports on review.

More than two-thirds of the National Assembly, of which Mkhwebane is now a member, voted for her removal on 11 September.

Her term would have ended on 14 October.

Days later, she announced that she would be joining the EFF, which backed her throughout the impeachment proceedings.

And within a week, she was sworn in as an MP.

On Thursday, during a mini-plenary of the National Assembly, she participated in a debate titled, "Evaluating the role played by Chapter 9 institutions in promoting constitutional democracy in post-apartheid South Africa".

The debate was proposed by African Independent Congress MP Steven Jafta.

"We must establish a high-level panel to evaluate the role of Chapter 9 institutions in promoting our democracy," he said.

Democratic Alliance (DA) deputy chief whip Annelie Lotriet, who served on the Section 194 Committee that found Mkhwebane guilty, said an ad hoc committee chaired by the late Kader Asmal looked into the functioning of Chapter 9 Institutions in 2007, and that some of its findings remained relevant today.

"One of the key concerns was the budgets, not only the size of these allocations, but where these budgets are housed." 

She said a key requirement of the institutions was that they should be independent and make findings without fear, favour or prejudice when citizens' rights have been infringed.

"But the question is: How independent is an institution if your budget is dependent on a portfolio committee and the executive? This situation still persists." 

Lotriet said Chapter 9 institutions' budgets were situated within specific departments.

"This is a very real problem relating to independence as it creates the impression that they are accountable to the specific government department by which they are funded."

She said serious consideration should be given to the recommendation in the Asmal report that the institutions' budgets should be moved to Parliament.

Mkhwebane said the EFF would ensure that the Asmal report was implemented, especially regarding funding that impacts their ability to perform their responsibilities.

"The EFF will also make sure that we stick to the mandate of these institutions," said Mkhwebane, who was found to have made recommendations stretching beyond her mandate during her tenure as Public Protector, such as recommending that Parliament amend the Constitution to change the South African Reserve Bank' mandate, or that the National Prosecuting Authority must investigate President Cyril Ramaphosa for money laundering.

"Sitting here, chairperson, as the people of South Africa would know, and having seen what happens to our collective resources as taxpayers when they are plundered and when there is corruption, yet as a country, we fairly have very strong legal fortress to deal with these issues (sic)," said Mkhwebane.

Continuing a theme she raised during her appearance at the impeachment inquiry, Mkhwebane said the Nkandla judgment - in which the Constitutional Court ruled that the Public Protector's remedial actions were binding unless set aside by a court - created a lot of problems, because " state functionaries" were now taking Public Protector reports on review.

"And the office, in defending the mandate of the institution, it leads then to the office having to spend resources to defend their mandate and that led to the issue of resources escalating," she said.

The impeachment inquiry found Mkhwebane guilty of misconduct for the way in which she spent public funds on legal costs.

Mkhwebane said the Constitution was very clear that Chapter 9 institutions must be supported by organs of state.

"It means, they must be fully funded. It means that the state functionaries, especially the executive, they implement those remedial actions; they don't second guess them.

"And I think in the next administration, we will make sure, as EFF, we don't find a minister or any executive rushing to take recommendations of these institutions to court, wasting state resources instead of resolving all of these issues in a very cordial and in a persuasive manner so that the resources of the state are not plundered."

According to Mkhwebane there is no need to establish another Chapter 9 institution to deal with corruption.

"If is that need (sic), that additional mandate should be added to the responsibility of the Public Protector, because definitely they investigate those." 

However, in what could be the EFF's record time for flipflopping, Mkhwebane also said: "And as the EFF, we see it fit that we need a Chapter 9 institution, like the National Prosecuting Authority should be a Chapter 9 institution so it can also be not accountable to the minister and any intervention which the executive might have."

Commenting on having the NPA as a Chapter 9 institution, Mkhwebane might find an unlikely ally in DA MP Glynnis Breytenbach, who has been advocating for this and has a private member's bill to that effect in the works.

During Thursday’s debate, Breytenbach said in matters like state capture and Nkandla, the Public Protector served as the "ultimate bulwark against our country’s possible slide into failed state status".

"However, the reputation of this office has been undermined and damaged severely over the last seven years by the lack if impartiality, objectivity and the inability or unwillingness of the erstwhile office bearer to always act in accordance with the Constitution and the law," she said.

In a marked change of tone compared to her speech when the National Assembly voted on Kholeka Gcaleka's appointment as the new Public Protector, Breytenbach said: "Whether the recently appointed Public Protector will be able to restore confidence in this institution remains to be seen."

Deputy Minister in the Presidency Kenneth Morolong said people need institutions that support the democratic pursuit to fully enjoy their democratic rights.

"Indeed, therefore, the importance of these institutions supporting our democracy, lies in their autonomy, allowing them to operate free from political interference, and to fearlessly tackle ills that affect the very fabric of our society.

"Honourable members, for the democratic government, transparency, accountability and the rule of law are paramount. Chapter 9 institutions serve as custodians of these principles, acting as a voice for the people and a counterbalance to potential abuse of power."

He said Chapter 9 institutions' influence extend "beyond the realm of polity and governance" as they have also contributed to jurisprudence.