Advocate Dali Mpofu, legal counsel to the Public Protector, Busisiwe Mkhwebane, has argued that suspending her while impeachment proceedings are ongoing would be punitive and damaging to her reputation.
The matter between Mkhwebane and the National Assembly Speaker, among others, is currently being heard in the Western Cape High Court.
This comes after Mkhwebane filed an urgent application to halt the Parliamentary impeachment proceedings against her, pending the outcome of her rescission application in the Constitutional Court.
High court to discuss envisaged impeachment process of Mkhwebane:
The Public Protector is challenging the Concourt judgment handed down in February, that gave the green light to the impeachment proceedings.
Parliament has decided to go ahead with the matter, despite Mkhwebane’s appeal.
Mpofu says impeachment proceedings are already a punishment. “Punitive quality is impeachment, is by nature, punitive. What I am arguing is namely within a punitive regime, we deal with another punitive measure which is suspension. The respondent can’t argue because she is suspended with pay it is not punitive.”