Africa-Press – South-Africa. President Cyril Ramaphosa has written to embattled Public Protector Busisiwe Mkhwebane, asking her to provide reasons why he should not suspend her.
In a statement late on Thursday, Mkhwebane said she received the letter from the president informing her that Parliament had decided to continue its impeachment process against her.
“This afternoon (Thursday, 17 March 2022), the Public Protector received a letter from the President confirming the news reports and informing her that he is considering suspending her in terms of section 194(3)(a). The letter further invites the Public Protector to, within 10 working days, provide reasons why the President should not take such a step,” she said.
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National Assembly Speaker Nosiviwe Mapisa-Nqakula informed Ramaphosa that Parliament was continuing with Mkhwebane’s impeachment proceedings, opening the way for Ramaphosa to suspend her.
Last month, the Constitutional Court effectively gave the Section 194 Committee, which handles the proceedings, the green light to continue with the impeachment as long as Mkhwebane will be allowed legal representation.
In a statement, the Presidency confirmed that Ramaphosa had asked Mkhwebane to provide him with reasons why he should not suspend her in terms of Section 194(3)(a) of the Constitution.
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 you 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.”
In her statement, Mkhwebane said she would continue her work as envisioned in the Constitution and would consult her legal team on Friday to map a way forward.
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She said:
The Constitution gives Ramaphosa the power to suspend Mkhwebane while the impeachment process is under way.
He has previously indicated he would not do this while he was involved in litigation against Mkhwebane, as it would be a conflict of interest.
However, that litigation ended last week when the Constitutional Court unanimously dismissed Mkhwebane’s rescission application in the CR17 case.
Two days later, last Friday, Mkhwebane launched another rescission application against the ruling, which allows the impeachment to proceed. In her accompanying affidavit, she seemed aware she could now be suspended by Ramaphosa and warned she would consider “protracted” litigation if this were the case.
“Although the president has persistently admitted that he was conflicted due to the ongoing litigation and/or investigations, in which I was involved, his incorrect view was that once such litigation was completed, the conflict would somehow disappear or evaporate,” Mkhwebane wrote in her affidavit.
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