Suspended public protector Busisiwe Mkhwebane. Picture: Neil McCartney
With only five days left till parliament decides on whether Busisiwe Mkhwebane should be removed, the suspended public protector yesterday pitched up for work – in vain.
Maintaining that her suspension is no longer in force, Mkhwebane wanted to return to office yesterday, but these attempts were shut down by President Cyril Ramaphosa.
In a letter to Mkhwebane, Ramaphosa said the Section 194 inquiry into her fitness to hold office had not finalised its proceedings.
Mkhwebane had initially shared on social media platform X that she wrote a letter to the president and notified him she intended to return to work and would remain there until her term as public protector ended next month.
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She claimed the president signed a presidential minute recording his decision to suspend her, pending the finalisation of a parliamentary inquiry into her fitness to hold office.
“It is crystal clear that the period of the suspension expired upon the finalisation of the inquiry initiated by the section 194 committee. According to a letter received from the chair dated 24 August, the inquiry was finalised on or about 28 August and upon the adoption of the final report of the committee,” she said.
“In any event and as you may be aware, l hold the firm view the clearly rushed effort to remove me from office in spite of the fact that I will be left with less than 20 working days before the expiry of my term on 13 October, is clearly driven by illegal, improper and motives of a political and personal nature other than any legitimate desire for accountability.”
But Ramaphosa said the committee adopted its report and the proceedings would be finalised when the National Assembly chooses to either adopt a resolution which called for her removal, or not.
Glynnis Breytenbach, DA shadow minister of justice and constitutional development, said Mkhwebane misinterpreted the law and was known for that. Breytenbach said Mkhwebane implied the law “clearly doesn’t understand the constitution”.
“That’s deliberately so. I think it’s an incredibly arrogant move to demand to go back to office when she knows full well the process is not yet completed,” Breytenbach said.
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“It can’t possibly end well for her.”
Ramaphosa also pointed out that Mkhwebane’s interpretation of the presidential minute and letter was wrong and her intention to return to office was misconceived. He added that Mkhwebane waited until Monday to inform him of her decision to return to work.
“Your letter states that you were advised on 24 August that the committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow. Such precipitate action is unjustified on any basis,” he said.
“I do not answer all of the remaining allegations in your letter, and my failure to do so should not be understood as indicating that I agree with them. I do not.”
Public Protector South Africa (PPSA) noted Mkhwebane was not an employee. PPSA acting spokesperson Ndili Msoki said the public protector was appointed to office by the president.
ALSO READ: Mkhwebane intends to return to work, but Ramaphosa says it’s ‘misconceived’
Mkhwebane was disappointed when she arrived at the offices and discovered her protection team was withdrawn, with police allegedly stating they would not be held accountable if anything happened to her.
She said Ramaphosa’s response was “embarrassing”.
Parliamentary communication services spokesperson Rajaa Azzakani said the committee chair, Qubudile Dyantyi, had said the committee had no role in the suspension and could not comment on it.
– lungas@citizen.co.za
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