President receives representations from Public Protector

Busisiwe Mkhwebane has finally submitted representations on why President Cyril Ramaphosa should not suspend her.

Said the presidency in a statement on Friday: “President Cyril Ramaphosa has received representations from the Public Protector, Adv Busisiwe Mkhwebane, in response to the President asking Adv Mkhwebane to provide him with reasons why he should not suspend her in terms of Section 194(3)(a) of the Constitution.”

In March, Ramaphosa asked the public protector to provide reasons why she should not be suspended in terms of Section 194 (3)(a) which empowers the president to suspend a Chapter 9 bigwig, Mkhwebane if Parliament starts removal proceedings.

This, according to the Presidency in a series of tweets [at the time], came after the Speaker of the National Assembly, Nosiviwe Mapisa-Nqakula, resolved to continue pursuing an inquiry into Mkhwebane’s fitness to hold office.

The Western Cape High Court on Thursday last week heard that it would be lawful for the president to suspend embattled 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 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.”

Mkhwebane’s rescission application was dismissed by Constitutional Court last week.

Also read: Ramaphosa gives Mkhwebane 10 days to save herself from suspension

It is lawful to suspend Mkhwebane, argues Presidency’s lawyer

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