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Public Protector files urgent application to enforce judgement reinstating her

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Public Protector, Busisiwe Mkhwebane, has filed an urgent application in the Western Cape High Court for an immediate enforcement of the order setting aside her suspension by President Ramaphosa.

According to the application filed by her attorneys, Mkhwebane has requested to appear in front of a full bench of the court to render its 9 September decision to rescind her suspension to be operational and executable despite any applications for leave of appeal or review which may be pending over the decision.

The Public Protector has included a number of political parties, including the Economic Freedom Fighters, the Democratic Alliance, Inkatha Freedom Party, Freedom Front Plus as respondents to the application.

In the notice of the urgent application, the Public Protector justifies the urgency of this matter by stating that she has knowledge that there is a campaign by the respondents to prevent her from returning to her post.

Mkhwebane intends to make application to a full court on  September 13 at 10:00 and respondents to the application have been given until  September 11 to file notice of intention to oppose and will be required to file answering affidavits by 10:00 on Monday,  September 12.

President Ramaphosa says he will be guided by the Constitutional Court 

President Cyril Ramaphosa says he will get guidance from the Constitutional Court on this recent ruling of the ongoing matter regarding the Public Protector.

“Any action by the president which is deemed invalid has to be adjudicated upon using the constitution,” says the President.

He concludes that he awaits the decision of the country’s apex court.

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