‘The police won’t protect me’ – Mkhwebane’s return to Public Protector’s office met with cold reception

Suspended public protector advocate Busisiwe Mkhwebane‘s supposed first day back at office was met with a cold reception as her protection team was withdrawn and police said they will not be held accountable should anything happen to her.

Mkhwebane said she was going back to the office on Tuesday, despite President Cyril Ramaphosa saying she has “no right or entitlement in law to return to office”. 

On Monday, she shared on social media that on 9 June 2022, Ramaphosa signed a presidential minute recording his decision to suspend her “pending the finalisation of the proceedings by the committee”.

ALSO READ: Section 194: Rushed or justified? Busisiwe Mkhwebane could lose millions

Speaking to media outside the office, she said: “Police have told my protector they cannot be held responsible. It’s like I am defiant. 

“I am going back home because I am told that I am not under any protection and if anything happens to me, the police won’t protect me.”

Speaking on Newzroom Afrika earlier in the day, Mkhwebane vowed she would report to work, saying her critics are “misinterpreting the law”.

“The presidential minute takes precedence over any letter, it communicates the precedence decision, and that decision is granted in terms of section 101 of the constitution. So, I’ve just informed the president that I’ll be returning to the office, and I’ll deal with all the issues when I am there,” said Mkhwebane.

Ramaphosa’s office is ’embarrassing’

Mkhwebane said Ramaphosa’s response to her after she insisted she would report for duty today was “embarrassing”.

In a response to Mkhwebane’s letter, Ramaphosa said her intention to return to office was ‘misconceived’, adding she was wrong in her interpretation of the legal process.

The president also stressed the National Assembly had not informed him of any resolution regarding the Section 194 inquiry.

“His office is very embarrassing because the presidential minute is like the statutory provision, which is interpreting the constitution. You can go to war as a country using a presidential minute. You cannot just willy-nilly deal with the presidential minute, so let them go back [and] read both letters, and understand what I am saying,” said Mkhwebane.

Gcaleka, ‘who is she?’

Mkhwebane also took a jab at acting public protector advocate Kholeka Gcaleka, telling 702 she does not take orders from Gcaleka.

“Who is she? I am the public protector,” said Mkhwebane.

This came after the public protector’s office also said Mkhwebane’s suspension remained in effect.

“The institution acknowledges the importance of the subject matter and hereby advises that the Public Protector is not an employee of the PPSA. The Public Protector is appointed to office by the president of the Republic of South Africa. The Section 194 Committee enquiry is a Parliamentary process, and the PPSA is not a party thereto. Accordingly, in the absence of communication emanating from the president, advocate Mkhwebane’s suspension remains effective,” it said.