Tshwarelo Hunter Mogakane
Pretoria - Suspended Public Protector (PP) Busisiwe Mkhwebane has given President Cyril Ramaphosa until 5pm today to reverse her suspension or face a legal battle into the constitutionality of his actions.
In a letter addressed to the president in which she challenged her suspension, Mkhwebane asserted that Ramaphosa ignored crucial submissions that she made to him.
The submissions included that Ramaphosa made an undertaking to alert Mkhwebane of his view of her submissions before taking any decision.
"You undertook to inform me and/or my legal representatives as to whether or not you give such an undertaking and, of so, on what terms, before making the suspension decision.
“You have clearly breached your undertaking in that regard by giving your indication simultaneously with the suspension letter. That response comes too late and serves no purpose," wrote Mkhwebane.
She further argued that instead of dealing with Part A of her legal contention, the president dealt with issues in Part B that were yet to be ventilated in a different forum.
Mkhwebane’s Part B deals with a legal precedent in which the courts ruled that former president Jacob Zuma could not make decisions in matters involving former PP Thuli Madonsela because there was a conflict of interest in that Madonsela was investigating Zuma.
Mkhwebane said there were a number of investigations she had instituted into Ramaphosa's possible involvement in breach of constitutional statutes.
These include the Glencore matter, where the international mining company has pleaded guilty to bribing their way into lucrative government deals in South America and Africa.
The investigation followed a request from UDM leader Bantu Holomisa, who found it bizarre that Glencore could bribe countries it dealt with except for South Africa.
The other matter is the Phala Phala animal farm scandal, in which ATM leader Vuyo Zungula requested the PP to investigate whether Ramaphosa had not breached the Executive Members Ethics Act, which stipulates that cabinet members declare their business interests.
"I hereby demand that you reverse your decision to suspend me and indicate that you have done so by no later than 17h00 on Tuesday 14 June 2022, failing which I will be left with no option but to refer the matter to the appropriate court," said Mkhwebane.
Presidency spokesperson Vincent Magwenya said he would only speak on the matter after 5pm, once the president has responded to Mkhwebane.
Pretoria News