Public Protector Busisiwe Mkhwebane’s hopes of returning to office on Tuesday were dashed when President Cyril Ramaphosa warned her not to report for work as she remained suspended pending the finalisation of removal proceedings.
Although Mkhwebane arrived at the Public Protector South Africa offices in Pretoria after giving media interviews, she did not enter the premises.
Instead, she tore into Ramaphosa and Acting Public Protector Kholeka Gcaleka and suggested that her protection had been withdrawn.
“I am going back home because I am told I am not under any protection. If anything happens to me, the police won’t protect me,” Mkhwebane told the media.
The drama started on Monday when Mkhwebane took to social media announcing her return to office based on Ramaphosa’s presidential minute that had stated her suspension was pending the finalisation of the Section 194 Inquiry into her fitness to hold office.
“According to the Section 194 proceedings/inquiry has now been finalised. The period of suspension defined in the Presidential Minute issued in terms of section 194(3)(a), read with section 101(1) of the Constitution, has expired.
“Therefore, and as a matter of courtesy and protocol, advocate Mkhwebane has advised President Ramaphosa that she will be reporting back to work... on Tuesday, September 5, 2023,” she said.
In her letter to Ramaphosa, Mkhwebane said a letter from the inquiry’s chairperson, Qubudile Dyantyi, dated August 24 showed that the enquiry was finalised on or about August 28 and upon the adoption of the final report of the committee.
Mkhwebane also said the clearly rushed effort to remove her from office when she was left with less than 20 working days before the end of her term, “is clearly driven by illegal, improper and motives of a political and personal nature other than any legitimate desire for accountability”.
However, the Public Protector South Africa (PPSA) had stated that her suspension remained in force despite her plan to report to work.
“In the absence of communication emanating from the president, advocate Mkhwebane’s suspension remains effective,” acting spokesperson Ndili Msoki said.
In a letter to Mkhwebane, Ramaphosa said he disagreed with her contentions that the letter from Dyantyi indicated the inquiry was finalised.
He also said he had not been informed of any resolution taken by the National Assembly on the removal proceedings.
“The National Assembly has therefore not yet completed its part of the process.”
Ramaphosa added that Mkhwebane had no right or entitlement in law to return to office pending the parliamentary decision.
“While I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your contention to return to office is misconceived,” he said.
Responding to the letter, Mkhwebane said she strongly disagreed with Ramaphosa’s “strained, contrived and plainly incorrect interpretation” of sections 194 and 101 of the Constitution as well as the presidential minute.
Mkhwebane insisted that the presidency had misinterpreted the law.
“The presidential minute takes precedent over any letter,” she said, adding that Ramaphosa’s letter was based on wrong principles of law.
Speaking later outside the PPSA premises, Mkhwebane said she came there to address the public and the media as she was apparently to be blocked from entering her office.
She took a swipe at Gcaleka for the statement PPSA issued on her planned return to office without communication from Ramaphosa.
“They should have kept quiet. The deputy public protector has exposed herself. It is as if she is working with these persecutors, which is totally wrong,” she said.
“She should have allowed the president to deal with this matter,” Mkhwebane, said, pointing out that Parliament had previously refused to interfere in her suspension.
The National Assembly will vote next Monday after the Section 194 Inquiry recommended that Mkhwebane be removed from office.
The inquiry found her guilty of misconduct and incompetence.
The National Assembly requires a two-thirds majority, 266 votes, to remove Mkhwebane from office.
Cape Times