President Cyril Ramaphosa has given public protector Advocate Busisiwe Mkhwebane a short reprieve by agreeing to stop her suspension on condition that she launches a court application into the matter by April 26.
On Wednesday, Ramaphosa insisted that he would not step away from the process to suspend her in connection with the impeachment proceedings that parliament kick-started into her fitness to hold office.
Mkhwebane’s lawyers on Tuesday charged that Ramaphosa should withdraw last week’s letter in which he asked her to give reasons she should not be suspended after confirmation by National Assembly speaker Nosiviwe Mapisa-Nqakula that the Section 194 committee was continuing with its inquiry into her fitness to hold office.
Mkhwebane contended that Ramaphosa is “personally, heavily and multiply con-flicted” in the matter due to various investigations by her office that related to allegations of breach of ethics by the president.
Ramaphosa has rejected Mkhwebane’s assertions, indicating that he was going ahead with the process of suspending her as per Section 194(3)(a) of the constitution. The section states that the president may “suspend a (public protector, auditor-general or a member of a commission
established in terms of Chapter 9 of the constitution) from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person”.
Mkhwebane has since asked to be allowed for the matter to be heard by a full bench of the court, which Ramaphosa acceded to on Friday.
“Subject to the matter being heard on 25 / 26 April 2022, the president will provide your client with an undertaking not to decide the question of a suspension until 26 April 2022.
“In other words, the undertaking is given on the express basis that it applies only until 26 April 2022 and that if the matter does not proceed on 25/26 April 2022 for whatsoever reason, the undertaking shall lapse,” the Office of the State Attorney wrote to Mkhwebane’s lawyers on behalf of the president.
“In making the above proposal, we note your client’s position that the Section 194 committee is scheduled to sit on 29 March 2022, which may do away with the need for the intended application.”
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