Busisiwe Mkhwebane wants to be reinstated to her position after the Western Cape High court ruled that her suspension was invalid. However, the court has indicated she has to wait for the Constitutional Court to rule on the matter.
PRETORIA – Advocate Dali Mpofu who is representing suspended Public Protector Busisiwe Mkhwebane told the Western Cape High Court it was unreasonable that she remained suspended pending the Constitutional Court outcome on the matter.
Mkhwebane’s leave to appeal application was heard by the Western Cape High Court on Tuesday.
The move comes after the full bench of the high court declared that President Cyril Ramaphosa’s decision to suspend Mkhwebane was invalid and set aside her suspension.
She was suspended days after she informed Ramaphosa about investigating him after she received a complaint from the ATM in line with the Executive Ethics Act in connection with the break-in at his Phala Phala farm and theft of foreign currencies two years ago.
The ruling on her suspension had prompted Mkhwebane to lodge an urgent application wanting to be immediately reinstated to her position, however, the court dismissed her application saying that its order on her suspension was subject to confirmation by the ConCourt.
Mpofu argued there is a reasonable probability that another court would reach a different conclusion regarding her suspension.
He said he was confident Mkhwebane’s appeal will be heard by the Supreme Court of Appeal on an urgent basis within a matter of weeks if granted.
Even though Mkhwebane’s matter will be heard by the ConCourt on November 24, Mpofu said it doesn’t mean that judgment will be delivered immediately, it can take months before judgment is delivered.
“So the argument really says the Public Protector must be left in her suspended position until some indeterminate date, which might be March or April next year, is just an act of cruelty because all it means is that she must just wait,” the Citizen quoted Mpofu as saying.
Judgment has been reserved in the matter.
Meanwhile, Mkhwebane’s impeachment inquiry into her fitness for office will continue on Thursday.
Mkhwebane is expected to bring an application for the adjournment of the committee conducting the inquiry.
