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ConCourt Upholds Ramaphosa’s Suspension of the Public Protector Mkhwebane

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Johnathan Paoli

The Public Protector, Advocate Busisiwe Mkhwebane has lost her legal battle, after the Constitutional Court found that there was a rational reason for her precautionary suspension by President Cyril Ramaphosa.

The DA and the President’s applications have been upheld and the confirmatory order that Mkhwebane was seeking has been dismissed.

The Deputy Chief Justice Mandisa Maya handed down judgement on Thursday, finding that the evidence presented to the court failed to illustrate the potential exposure of the President to a situation involving a risk of conflict in his official capacity and that he stood nothing to gain from the suspension, since the acting Public Prosecutor continued with the investigation.”

Thus the ‘retaliation’ argument does not stand, as the decision by the President had no effect on the continuance of the investigation and the culmination of the Phala Phala report.

“The President did not suspend the Public Protector to

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