The application of suspended Public Protector Busisiwe Mkhwebane challenging her suspension
is continuing in the Western Cape High Court despite the notice of the Office of the Public Protector for the matter to be withdrawn.
The lawyers for the Office of the Public Protector have said Mkhwebane had no authority to file the court application on its behalf after she was suspended.
This was after advocate Andrew Breytenbach on behalf of the Speaker and Parliament indicated that the issue of Mkhwebane’s authority indicated that there is already an application in this regard that they have already filed.
Mkhwebane is also challenging the constitutionality of the letter which the Speaker wrote to the President advising him about the start of the parliamentary proceedings into her fitness to hold office.
Inquiry into suspended PP Mkhwebane’s fitness to hold office:
Mkhwebane described her suspension as a “shocking” experience for her and her legal team, claiming that she learned about it from the news and social media.
Mkhwebane was placed on suspension by President Ramaphosa, who stated that she would remain suspended until the Section 194 process to investigate her fitness to hold office was completed and the matter considered by the National Assembly.