The Western Cape High Court has dismissed Public Protector Busisiwe Mkhwebane’s latest bid to interdict parliament’s section 194 committee from proceeding with the inquiry into her fitness to hold office.
Judge Nathan Erasmus, who delivered the ruling on Friday, said the court believed that a “strong signal needs to be sent” that the Constitutional Court’s decision needed to be respected and can’t be circumvented by rescission applications.
Mkhwebane approached the court in May, in her last bid to block the proceedings and stop President Cyril Ramaphosa from suspending her. She argued that the president was conflicted and should not be allowed to suspend her. This followed a number of complaints against Ramaphosa that Mkhwebane was investigating.
However, Ramaphosa suspended the public protector on Thursday evening, stating that he had given Mkhwebane a fair chance to defend herself.
The presidency said in a statement: “President Ramaphosa has fulfilled his obligation to provide Advocate Mkhwebane a fair hearing by according her sufficient time and opportunity to make submissions. In considering each element of the Public Protector’s submissions carefully, the President has taken into account the nature of the Public Protector’s office and his own Constitutional obligations.
“Section 2A (7) of the Public Protector Act states that whenever the Public Protector is, for any reason unable to perform the functions of his or her office, or while the appointment of a person to the office of Public Protector is pending, the Deputy Public Protector shall perform such functions,” said the presidency.
Meanwhile, political parties are not at ease with the suspension.
ActionSA leader Herman Mashaba said the timing of the suspension was suspicious.
“The timing of the suspension leaves a lot of suspicion and concern for us as South Africans because this matter of the public protector and the president is something that has been long outstanding. We just cannot understand why the president decides to actually act on the eve of his own investigation by the public protector. The president had the right and opportunity in the past to have acted,” said Mashaba.
The African Transformation Movement (ATM) said Ramaphosa’s action shows that he was panicking.
“It gives us a clear indication that the president of the country is panicking now, from what might be discovered by the public protector. Our leader Vuyo Zungula wrote to the Public Protector, and we received her letter, that the matter is getting attention and being investigated. Now, we’re receiving the news that she has been suspended. To us, it says the president is panicking because there’s nothing so far that necessitates the president to suspend the Public Protector,” said ATM spokesperson Sibusiso Mncwabe.
The African Ombudsman and Mediators Association (AOMA) said they were alarmed and deeply concerned by reports of the suspension of Mkhwebane adding that she had the organisation’s full support.
“We urge all parties concerned in these proceedings to be guided by the guarantee of institutional independence of the Office of the Public Protector of South Africa and the consideration that these proceedings may have the effect of compromising the ability of the Public Protector Office to exercise powers and functions without fear.”
Mkhwebane will remain suspended until the section 194 process in the National Assembly has been completed.
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