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ConCourt dismisses Mkhwebane’s suspension application

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The Public Protector Busisiwe Mkhwebane has been dealt yet another blow, after the Constitutional Court found that there was a rational reason for her precautionary suspension by President Cyril Ramaphosa.

The Constitutional Court has found that there was a rational reason for President Cyril Ramaphosa’s decision to precautionary suspend the Public Protector, Advocate Busisiwe Mkhwebane.

This follows the Western Cape High Court’s order, declaring her suspension invalid. Ramaphosa suspended Mkhwebane in June last year.

The Deputy Chief Justice Mandisa Maya handed down judgment.

“This court finds that the evidence does not show that the President acted in a manner which exposed him to a situation involving a risk of conflict in his official responsibilities and private interests and stood to gain nothing from suspending the Public Protector. Because the acting Public Protector continued with the investigation.”

“The President did not suspend the Public Protector to prejudice her. The suspension is only a precautionary one and does no harm to her as she remains on full pay, has time to properly attend to her defence in the Section 194 inquiry and suffers o reputational harm,” adds Justice Maya.

In September last year, Western Cape High Court set aside President Ramaphosa’s suspension of Mkhwebane.

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