Judgment has been reserved in the case brought by Public Protector Busisiwe Mkhwebane for leave to appeal the Western Cape High Court dismissal of her application to be allowed to return to the office.
This follows a ruling of the same Court that the President’s decision to suspend her was invalid.
Her legal representative, Advocate Dali Mpofu has argued that it is unfair for her to remain suspended pending the confirmation of the high court decision by the Constitutional Court.
Mpofu says, as the court ruled that its decision was effective immediately at the time, she is entitled to go back to work even while awaiting the confirmation of the Constitutional Court.
Counsel for the President and DA argued, however, that Mkhwebane’s application is without merit.
They point out further that granting her leave to appeal would not serve any purpose as the Constitutional Court has already set November 24 as the date to deal with this matter.
Counsel for the DA has told the court it is unlikely, even if leave to appeal is granted, for the Supreme Court of Appeal to decide the matter before that date.
The Democratic Alliance (DA) also wants Mkhwebane to pay the legal costs of the application in her personal capacity.