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Mkhwebane gives Ramaphosa reasons why he should not suspend her

Public Protector Busisiwe Mkhwebane. File Picture: Henk Kruger/African News Agency (ANA)

Public Protector Busisiwe Mkhwebane. File Picture: Henk Kruger/African News Agency (ANA)

Published May 28, 2022

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Cape Town - Public Protector Busisiwe Mkhwebane has outlined her reasons to President Cyril Ramaphosa why she should not be suspended pending impeachment proceedings in Parliament.

The section 194 committee has agreed to start with the hearings in July after it said it would continue with the process after the Constitutional Court rejected Mkhwebane’s rescission application.

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But despite Mkhwebane insisting that there were two other matters pending in the High Court, the section 194 committee said its work will continue.

Mkhwebane has lodged two applications in the Western Cape High Court in which she wants to interdict the section 194 committee.

Arguments were heard in court more than a week ago and judgment has been reserved.

Mkhwebane said despite furnishing Ramaphosa with reasons asking him not to suspend, her she did so under protest because of the application in the Western Cape High Court.

“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,” it said.

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It added that Ramaphosa’s conflict of interest arises out of the Bosasa/CR17 bank statements. The matter is pending in court.

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