- Public Protector Busisiwe Mkhwebane has launched an pressing utility to make sure that the Western Cape High Court order invalidating her suspension comes into impact.
- The Western Cape High Court on Friday declared her suspension by President Cyril Ramaphosa invalid.
- Shortly after the judgment was handed down, the DA utilized to enchantment towards the ruling.
Public Protector Busisiwe Mkhwebane has launched an pressing utility to make sure that the Western Cape High Court order invalidating her suspension comes into impact, no matter any appeals which may be launched towards it.
On Friday, a full bench of the High Court dominated that Ramaphosa’s determination to droop Mkhwebane – after she despatched him questions concerning the Phala-Phala break-in – was invalid and “improper”.
The day after Mkhwebane introduced her Phala-Phala investigation, Ramaphosa suspended her. He had requested her to supply the reason why she shouldn’t be suspended in March.
While the High Court appeared unconvinced by the majority of Mkhwebane’s challenges to the impeachment course of towards her, it discovered that, “… from the objective facts, the decision of [Mkhwebane] to investigate the President and to put 31 questions to him, prompted the President not to wait a day more and to immediately suspend her.
“Clearly, when the occasions that unfolded between 7 – 10 June 2022, mentioned above, are objectively examined, it’s irresistible to conclude that the choice of the President was improper.”
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Lawyers for the Democratic Alliance had stressed to Mkhwebane’s lawyers that 172(2)(a) of the Constitution requires that this order must be confirmed by the apex court before it came into effect.
Mkhwebane’s lawyers do not share that view. But the DA’s immediate appeal against the ruling suspended the invalidation of her suspension.
Mkhwebane has now asked the Western Cape High Court to enforce that order despite any appeals launched against it. She argues that there, “… could be no doubting the truth that my complete profession and occupational welfare is at stake”.
She further accuses the DA of trying to prevent her, “… from resuming my duties, by some means and any means needed.
“Having been away for three months it is imperative that I hit the ground running and get all the necessary briefings as soon as possible.”