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Ramaphosa suspends Public Protector Busisiwe Mkhwebane with immediate effect

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PRESIDENT Cyril Ramaphosa has suspended Public Protector Advocate Busisiwe Mkhwebane with immediate effect pending the finalisation of the Parliamentary inquiry into her fitness to hold office.

The Presidency said in a statement that Mkhwebane will remain suspended until the Section 194 process in the National Assembly has been completed.

According to President, Section 194(3) (a) of the Constitution provides that the President 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 for [their] removal”.

“President Ramaphosa has fulfilled his obligation to provide Advocate Mkhwebane a fair hearing by according her sufficient time and opportunity to make submissions,” said the Presidency.

The Deputy Public Protector, Kholeka Gcaleka, is expected to act in Mkhwebane’s position.

“The absence of Advocate Mkhwebane from office will therefore not impede the progress of any investigations that are pending or underway,” said the statement.

Mkhwebane is scheduled to appear before parliament’s Section 194 inquiry investigating her fitness to hold office in July.

The inquiry into Mkhwebane comes after a panel of experts, led by retired Constitutional Court Justice Bess Nkabinde, ruled that Parliament should institute an inquiry into her fitness to hold office.

Nkabinde and advocates Dumisa Ntsebeza and Johan de Waal found there was prima facie evidence of incompetence and misconduct on Mkhwebane’s part.

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