Cape Town – President Cyril Ramaphosa has said that suspended Public Protector Busisiwe Mkhwebane does not have the legal right to return to her office until the final decisions are made by the National Assembly’s committee established under section 194 of the constitution.
Mkhwebane had announced her intention to return to work, claiming that the suspension period defined in the presidential minute had expired.
“According to section 194, proceedings/inquiry has now been finalised. The period of suspension defined in the presidential minute issued in terms of section 194(3)(a), read with section 101(1) of the Constitution, has expired. Therefore, and as a matter of courtesy and protocol, advocate Mkhwebane has advised president Ramaphosa that she will be reporting back to work tomorrow morning on Tuesday 5 September 2023,” she wrote.
Media Alert‼️
On 9 June 2022 the President signed a Presidential Minute recording his decision to suspend the Public Protector,Adv Busisiwe Mkhwebane “pending the finalisation of the proceedings/inquiry initiated by the Committee of the National Assembly established in terms of… pic.twitter.com/FirEcfRfEQ
— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) September 4, 2023
However, Ramaphosa contended that the committee’s proceedings were not finalised, and the National Assembly had not yet completed its part of the process.
“Your letter states that you were advised on 24 August 2023 that the Committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow. Such precipitate action is unjustified on any basis.
JUST IN:
President Ramaphosa has warned suspended PP Busisiwe Mkhwebane to steer clear of the PPSA offices after she earlier threatened him that she was going to return to work today.
In his letter, he states that she is misinterpreting the law and remains suspended. pic.twitter.com/CfHMUcMtHX— Ismail Abramjee (@IsmailAbramjee) September 5, 2023
“I do not answer all of the remaining allegations in your letter, and my failure to do so should not be understood as indicating that I agree with them. I do not,” Ramaphosa said.
Ramaphosa suspended Mkhwebane in June last year.
The parliamentary committee recently recommended Mkhwebane’s permanent removal due to findings of incompetence and misconduct.
Meanwhile, the Office of the Public Protector confirmed that Mkhwebane’s suspension remained in effect, regardless of her plan to return to work.
“The institution acknowledges the importance of the subject matter and hereby advises that the Public Protector is not an employee of the PPSA. The Public Protector is appointed to office by the President of the Republic of South Africa.
“The Section 194 Committee enquiry is a Parliamentary process, and the PPSA is not a party thereto. Accordingly, in the absence of communication emanating from the President, Adv. Mkhwebane’s suspension remains effective,” it said.
Follow African Insider on Facebook, Twitter and Instagram
Picture: Twitter/@TiroMokoditoa
For more African news, visit Africaninsider.com
Compiled by Betha Madhomu
