Suspended Public Protector Advocate Busisiwe Mkhwebane says she will be returning to the office on Saturday after a ruling by the Western Cape High Court declaring the decision of President Cyril Ramaphosa to suspend her invalid and setting it aside.
Mkhwebane is still undergoing a parliamentary committee hearing on Section 194 Enquiry into her fitness to hold office.
Legal experts however say that the ruling is subject to confirmation by the Constitutional Court.
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 | Adv. Busisiwe Mkhwebane on Western Cape High court ruling:
The presidency has reacted to the judgment saying the ConCourt decision will inform its next steps. Any court ruling that a decision of the President is constitutionally invalid – must be confirmed by the Constitutional Court itself.
