Constitutional Court still to confirm ruling on Mkhwebane’s suspension being lifted

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The Constitutional Court still needs to confirm the Western Cape High Court’s decision to set aside President Cyril Ramaphosa’s decision to suspend Busisiwe Mkhwebane as the Public Protector.

Meanwhile, Mkhwebane has expressed gratitude following the Western Cape High Court’s decision to set aside her suspension after Ramaphosa suspended Mkhwebane in June.

The Constitutional Court will need to confirm the latest order before it is enforced. Mkhwebane maintains that her suspension was conducted in an unlawful and rushed manner.

Mkhwebane says, “I am so thankful. The judgment found that the President hurried in the nature of the suspension of the applicant in the circumstances and notwithstanding there was a judgment that was looming on the same subject, which leads this court to a conclusion that the suspension may have been retaliatory and hence unlawful. So, in our view, the President could not bring an unbiased mind as he was conflicted.“

Mkhwebane says she will return to her office on Saturday

Mkhwebane said she will be returning to the office on Saturday after the ruling by the Western Cape High Court.

Mkhwebane is still undergoing a Parliamentary committee hearing on Section 194 enquiry into her fitness to hold office.

Mkwhebane insists that the order has taken effect.

“This order is effective from today, the judgment is very clear. There’s the part of the constitutional provision, even if the order was solely based on the conduct, it is an order in terms of section 172 (1) b and not section 172 a. And for the avoidance of any doubt, the order is also based not only on the constitutional grounds but also on common law grounds, including actual bias and even possible ulterior motives.”

Video: President’s decision to suspend Public Protector Busisiwe Mkhwebane invalid: