PRESIDENT Cyril Ramaphosa announced on Friday that he will consider Public Protector Busisiwe Mkhwebane’s representations after he had asked her in March to provide him with reasons why he should not suspend her.
Ramaphosa received Mkhwebane’s representations on Thursday.
“The Public Protector has complied with the agreed deadline of May 26 and the President will now give due consideration to the submission,” said the Presidency in a statement.
“The President made this request to the Public Protector in March 2022 following confirmation from the Speaker of the National Assembly that the Section 194 Committee had resolved to continue with its consideration of the motion for the removal of the Public Protector.”
Parliament is pushing through with Mkhwebane’s impeachment proceedings, opening the way for Ramaphosa to suspend her.
Earlier this year, the Constitutional Court effectively gave the Section 194 Committee, which handles the proceedings, the green light to continue with the impeachment as long as Mkhwebane was allowed legal representation.
Mkhwebane has since lodged two applications in the Western Cape High Court in which she wants to interdict the section 194 committee.
Heads of arguments were heard in court in the last two weeks, but judgment has been reserved.
“In part A of the application, in which judgment is reserved, advocate Mkhwebane seeks an interim relief interdicting president Ramaphosa, Mr (Qubudile) Dyantyi and (Nosiviwe) Mapisa-Nqakula from proceeding with the mooted suspension. In part B, which has yet to be heard by a different constituted court, she seeks an order declaring the conduct of Ramaphosa, Dyantyi and Mapisa-Nqakula in respect of the impeachment process unconstitutional, unlawful, null and void,” said the office of the public protector.
“Mkhwebane holds a strong view that Ramaphosa is precluded from playing any role in her suspension primarily because he is conflicted and that, in any event, the powers to suspend as envisaged in section 194(3)(a) of the Constitution will only be triggered after the start of the removal proceedings, which has not yet happened.”
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