The Constitutional Court has ruled that the National Assembly's impeachment proceedings against Public Protector Busisiwe Mkhwebane can proceed.

The court handed down a unanimous judgment in the case where National Assembly Speaker Nosiviwe Mapisa-Nqakula and the Democratic Alliance appealed to the court to overturn a Western Cape High Court ruling last year, which found fault with two of the rules for a Chapter 9 head's removal.

The Constitutional Court set aside the High Court ruling that a judge should not be appointed to the independent panel, which should consider whether there is a prima facie case against the Chapter 9 institution's head. But, it did uphold the ruling that the Chapter 9 institution's head is entitled to legal representation during the hearing part of the process.

The apex court dismissed the Public Protector's cross-appeal.