Court hears Mkhwebane’s urgent application to enforce order setting aside her suspension

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Suspended Public Protector, Advocate Busisiwe Mkhwebane, has opposed the application of Acting Public Protector, Kholeka Gcaleka, to intervene in her application to go back to work.

The Western Cape High Court is on Friday morning hearing an urgent application for the court to enforce its judgment which was delivered last Friday setting aside Mkhwebane’s suspension.

Western Cape High Court hears Public Protector’s urgent application: 16 September 2022

Representing Mkhwebane, Advocate Dali Mpofu said the acting Public Protector is conflicted in that she will cease to act in the position, if Mkhwebane returns.

Gcaleka applied to intervene in the case to submit true facts about the office of the Public Protector, after alleged inaccuracies by Mkhwebane.

Gcaleka’s legal representative Timothy Bruinders, says the Acting Public Protector has a direct and substantial interest in the matter and should be allowed to intervene.


Last week, the Western Cape High Court  declared the decision of President Cyril Ramaphosa to suspend Mkhwebane invalid and has set it aside.

Concourt to confirm ruling declaring Mkhwebane suspension invalid

Mpofu announced the court’s decision during the Parliamentary Inquiry into Mkhwebane’s fitness to hold office.

He asked for a five-minute adjournment which was granted, but the Section 194 Inquiry continued.

The High Court of South Africa Western Cape Division has among other things ordered that the President’s decision to suspend her is declared invalid.

The suspension of Mkhwebane was subsequently set aside effectively from September 9, 2022.

This comes after she launched an application in the High Court for orders declaring certain conduct and/or decisions of the Speaker of the National Assembly.

Mkhwebane was suspended in June and is currently participating in a hearing which seeks to look at her fitness to hold office.

VIDEO: Mkhwebane interviewed following court victory [ 9 September 2022]