Mkhwebane loses again

The Western Cape High Court’s complete bench refused Public Protector Busisiwe Mkhwebane on her urgent request for Immediate reinstatement to her job in a unanimous decision.

President Cyril Ramaphosa’s order to suspend Mkhwebane was found to be illegal and unconstitutional last month by the same full bench. It comprised of Judges Lister Nuku, Matthew Francis, and James Lekhuleni.

The judges were persuaded that Ramaphosa erred in suspending Mkhwebane a day after she indicated she would look into a complaint filed against him. She wanted to do the investigation under the Executive Members Ethics Act about the break-in at his Phala Phala farm in 2020.

The judge declared:

In our view, the hurried nature of the suspension of [Mkhwebane] in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and, hence, unlawful.

Mkhwebane will now be responsible for paying almost all of the DA’s legal fees in the case. This comes after the entire bench dismissed that application.

Ramaphosa is also attempting to contest the validity of the suspension of Mkhwebane. He is certain was the result of Parliament informing him that it had started an investigation into her eligibility for office.
It agreed with the DA and Ramaphosa that the suspension of Mkhwebane by the president needed to be referred to the Constitutional Court for confirmation. “independent of any steps taken by any of the parties” and that, as a result, the law governing the immediate enforcement of orders “has no application” in this instance.

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