Africa-Press – South-Africa. Public Protector Busisiwe Mkhwebane wants President Cyril Ramaphosa to withdraw his intention to suspend her and says the president is not “legally entitled or competent to take any steps” against her.
Last week, Ramaphosa wrote to Mkhwebane to ask her to explain why he should not suspend her in terms of the Constitution.
This, after National Assembly Speaker Nosiviwe Mapisa-Nqakula informed the president that Parliament was continuing with Mkhwebane’s impeachment proceedings, which could allow the head of state to suspend her.
In the letter, dated 17 March 2022, Ramaphosa said that in light of the resolution of the committee, “it would therefore now be appropriate to consider whether or not [Mkhwebane] ought to be suspended pending finalisation of the committee’s work. I therefore hereby ask you to provide me with reasons why I should not exercise my powers in terms of Section 194(3)(a) of the Constitution, in writing, within 10 working days of the date of this letter.”
But in a letter to Ramaphosa on 22 March, which News24 has seen, Mkhwebane’s lawyers wrote that they had been instructed to send the president “this urgent response in the form of a preliminary objection based on your actual, potential or reasonably perceived conflict of interest”.
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The letter continued: “Irrespective of the numerous grounds why the suspension would be illegal and inappropriate on the merits, which will be dealt with in a separate response, the president is not legally entitled or competent to take any steps, including the said letter, in the pursuance of Section 194(3)(a) of the Constitution.
“The reason is that the president is personally, heavily and multiply conflicted in this matter due to various investigations which have recently been or are presently being investigated by her against or concerning allegations of breach of ethics and/or violations of the Constitution.”
The lawyers also said that, in any event, Ramaphosa has been fingered in a number of other current investigations involving “equally serious and impeachable conduct”.
The letter lists the “well-known utterances of the president about the misuse of public funds by ANC politicians and allegations of collusion between the president and the Minister of Justice in their joint pursuit of judicial capture”.
Mkhwebane’s legal representatives further claim that Ramaphosa’s letter “is clearly unlawful and unconstitutional”.
The lawyers wrote:
Mkhwebane threatened to take urgent court action if Ramaphosa failed to respond on Wednesday.
“We are further instructed to demand that you furnish us with the undertaking that no suspension will be implemented before the hearing and finalisation of the envisaged urgent application.
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“This will obviously determine the date on which the application will be set down, failing which, the matter will most likely be set down on or before 4 April 2022.”
Last month, the Constitutional Court effectively gave the Section 194 Committee, which handles the proceedings, the green light to continue with the impeachment process.
The court said Mkhwebane was allowed to have legal representation.
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