The Western Cape High Court on Thursday heard that it would be lawful for President Cyril Ramaphosa to suspend embattled public protector Busisiwe Mkhwebane pending an impeachment process against her.
Karisha Pillay, the Presidency’s legal representative, said the extent to which Ramaphosa must withdraw from the process must be thoroughly examined. This after Mkhwebane’s legal counsel Dali Mpofu on Wednesday argued that Ramaphosa ought to withdraw from the process due to a conflict of interest.
Said Pillay: “If the president is conflicted, should he be prohibited from taking any step in pursuance of suspension? Delegate? Use this to underscore the breadth of what is being sought.”
Mpofu told the court on Wednesday that Mkhwebane is a “lonesome woman” facing a conspiracy by the most powerful actors in society – the president, the speaker of parliament, the chief justice, the media, and civil society.
He further argued that suspending Mkhwebane while impeachment proceedings are under way would be punitive and damaging to her reputation.
According to Mpofu, the impeachment proceedings are already a punishment. “What I am arguing is namely within a punitive regime, we deal with another punitive measure which is suspension. The respondent can’t argue that because she is suspended with pay, it is not punitive.”
Mkhwebane is challenging a parliamentary impeachment inquiry probing her fitness to hold office after the Constitutional Court dismissed her rescission application last week. She also wants to block Ramaphosa from suspending her.
This is a developing story…
Also read: Parliament to present arguments in favour of Mkhwebane’s impeachment
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