Mkhwebane launches urgent court bid, a desperate attempt to return to work

Busisiwe Mkhwebane, a suspended public protector, has filed a new court bid. This is an attempt to resume her duties immediately despite ongoing appeals.

On Saturday, Mkhwebane launched an urgent application in terms of section 18 of the Superior Courts Act for the immediate implementation of a court order declaring her suspension invalid and clearing the way for her to return to work.

Mkhwebane said that she is suffering irreparable harm as a result of her suspension.

“I have already been on suspension for more than three months as we speak. The amount of time which it may take to have the appeal heard would effectively make any subsequent victory hollow,” she said in her papers.

Mkhwebane claimed that while she is on suspension, her reputation and dignity continue to suffer.

Nothing, she argued, “will repair the future harm that will be done if this application is not granted.”

“The harm won’t just be limited to me as a person, but also to my family, loved ones, and, more significantly, the legal system and the people I’m paid to defend.”

She claimed that not only would the so-called Phala Phala inquiry be irreparably damaged by her suspension, but also the public protector’s overall work would be seriously hampered.

A succession of things happened over the course of the last day, culminating in Mkhwebane’s most recent court filing.

The Western Cape High Court invalidated President Cyril Ramaphosa’s decision to suspend Mkhwebane on Friday, stating that it “may have been retaliatory and hence unlawful,” allowing Mkhwebane to resume her duties.

Mkhwebane announced she would return to her office on Saturday to continue her work shortly after the verdict was rendered.

A letter from the DA’s attorneys to Mkhwebane’s lawyers stating that this order “has no effect unless and until approved by the Constitutional Court” caused a change in this.

The party also filed an appeal in opposition to the high court ruling.

Mkhwebane’s plans to return to office were also blocked by the acting public protector, Kholeka Gcaleka, who wrote a letter to Mkhwebane informing her they have received legal advice that her suspension remains effective because an appeal to the Constitutional Court suspends the high court order.

Also read: Mkhwebane has spend over R146 million on legal fees