By: Natasha Archary
Public Protector Busisiwe Mkhwebane has been suspended by President Cyril Ramaphosa with immediate effect.
The President announced his decision on Thursday, 09 June, placing the Public Protector on suspension in accordance with section 194 (3)(a) of the Constitution of the Republic of South Africa.
His decision comes a day before the Western Cape High Court was expected to make a judgement on whether the President has the power to suspend her.
In a statement issued by the Presidency, it was stated that Busisiwe Mkhwebane will remain suspended until the section 194 process on her impeachment in the National Assembly has been completed.
According to the Presidency, Ramaphosa may suspend the Public Protector or any member of a Chapter 9 institution at any time after the start of proceedings by a committee of the National Assembly.
“President Ramaphosa has fulfilled his obligation to provide Adv. 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.”
In March, the President allowed Mkhwebane to provide him with valid reasons why he should not suspend her.
In a letter to the Public Protector dated 17 March 2022, President Ramaphosa says that in light of the resolution of the Committee:
“It would therefore now be appropriate to consider whether or not you ought to be suspended pending finalisation of the Committee’s work.
“I therefore hereby ask you to provide me with reasons why I should not exercise my powers in terms of Section 194(3)(a) of the Constitution in writing, within 10 working days of the date of this letter.”
Ramaphosa gave the Public Preotector 10 days to explain why she should not be suspended
The absence of Advocate Mkhwebane from office will therefore not impede the progress of any investigations that are pending or underway.
In concluding his decision to suspend Busisiwe Mkhwebane, the President said that both him and the Public Protector were obligated to act in the best interest of the country.
Complying with the Constitution and being mindful of the need to protect all Constitutional institutions meant this was the best decision to fulfil these obligations.
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