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‘ConCourt has final say on Public Protector’s suspension’
In June Ramaphosa placed Mkhwebane on suspension pending the finalisation of the National Assembly's processes investigating whether she was fit to be a Public Protector.
Public Protector, Busisiwe Mkhwebane during an outreach programme at the Rabasotho Community Center in Tembisa, 21 August 2019. She was joined by the mayor of Ekurhuleni, Mzwandile Masina to hear and provide solutions to the communities problems. Picture: Neil McCartney
It is only the Constitutional Court which can make a final determination on whether the decision to place Public Protector Busisiwe Mkhwebane on suspension is invalid.
This is according to President Cyril Ramaphosa, who was reacting to the Western Cape High Court ruling that his decision to place Mkhwebane on suspension was “invalid”.
In June Ramaphosa placed Mkhwebane on suspension pending the finalisation of the National Assembly’s processes investigating whether she was fit to be a Public Protector.
However, in its judgement delivered on Friday, the Western Cape High Court said the fact that Ramaphosa’s decision to suspend Mkhwebane happened shortly after the Public Protector had launched an investigation into the president’s role in the Phala Phala farm robbery, created an impression that he was retaliating.
Court findings
Clearly, when the events that unfolded between June 7 to 10, discussed above, are objectively examined, it is irresistible to conclude that the decision of the president was improper.
Ramaphosa said it was only the Constitutional Court which has a final say on the matter.
Any action by the president that has been deemed to be invalid has to be dealt with by the Constitutional Court. The Presidency will seek guidance from the Constitution on the next steps.
Following Mkhwebane’s suspension, her deputy, Kholeka Gcaleka, was appointed acting Public Protector.
While the Western Cape High Court ruling opens a window for Mkhwebane to return to work, the DA — which has already filed papers to have the court’s decision set aside, said she cannot return to work until such time as the apex court has ruled on its application.
However, Mkhwebane — who has already approached the Western Cape High Court seeking an order authorising her to return to work — has slammed the DA for using “any means necessary” to prevent her from going back to work.
She told the court that she should be allowed to return to work irrespective of the legal challenge launched by the DA.
“Having been away for three months, it’s imperative that I hit the ground running and get all the necessary briefings as soon as possible,” she said through her lawyers.
This article originally appeared on The Witness
