Mkhwebane loses again: Public Protector must reinstate ex-Free State head, pay him R1.5m

Public Protector Busisiwe Mkhwebane has been handed another loss after the Commission for Conciliation, Mediation and Arbitration (CCMA) ruled against her.

The case is related to the dismissal of Sphelo Samuel, former Free State provincial head of the Public Protector’s office.

Mkhwebane suspended Samuel in March 2020 after he wrote a formal letter to the Public Protector calling on her to resign.

Samuel had accused Mkhwebane of wasting taxpayers’ money in defending her cases when they were being exposed for having a personal or political agenda, and lacking “a basic knowledge of the law and its practical application”.

He was then dismissed by the Public Protector.

ALSO READ: High court dismisses Mkhwebane’s bid to block Parliament’s impeachment process

The CCMA, however, has since ordered Mkhwebane’s office to reinstate Samuel by next Monday and pay the official 12 months’ backdated salary or R1.5 million, News24 has reported.

“The dismissal of the applicant [Samuel] by the respondent [the Public Protector] was substantively unfair, but procedurally fair,” CCMA commissioner, James Ngoako Matshekga, ruled.

Samuel had written to then-National Assembly Speaker, Thandi Modise in February, requesting that Mkhwebane be investigated for financial mismanagement and other misconduct.

The Public Protector – who was suspended on 9 June this year – previously argued Samuel was a “disgraced and disgruntled” employee facing disciplinary steps after he was found guilty of assault.

Mhkebane suspension

Mkwebane was suspended by President Cyril Ramaphosa a day after she confirmed the investigation into the president regarding the $4 million Phala Phala farm theft, with the timing being questioned by the opposition in Parliament.

The Public Protector had submitted her reasons on why she should not be suspended to Ramaphosa on 27 May.

While the Presidency indicated that Mkhwebane will remain suspended until her impeachment process has been completed, it also said Deputy Public Protector Kholeka Gcaleka will take over her investigations.

Mkhwebane, however, has taken legal action against Ramaphosa, asking the Western Cape High Court to set aside her suspension.

READ MORE: Timeline: How Mkhwebane’s impeachment will unfold

She had sent a letter – dated 13 June – to Ramaphosa, demanding her reinstatement by the end of Tuesday or face litigation.

The Presidency responded, insisting that Ramaphosa stood by his decision to suspend Mkhwebane.

Mkhwebane’s fitness to hold office is being handled by Parliament’s Ad Hoc Committee on the Section 194 Inquiry.

According to Parliament’s provisional programme, the Public Protector will start physically appearing before her impeachment inquiry in July this year.

She will be the first head of a Chapter 9 institution to face a parliamentary inquiry. 

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