Mkhwebane intends to return to work, but Ramaphosa says it’s ‘misconceived’

President Cyril Ramaphosa says suspended Public Protector Busisiwe Mkhwebane has “no right or entitlement in law to return to office” until a final decision has been made by the committee of the National Assembly established in terms of section 194 of the Constitution.

This comes after Mkhwebane shared a post on X (formerly Twitter) 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”.

Back to work?

Mkhwebane said the proceedings had been finalised and as such her suspension has expired.

“Therefore, and as a matter of courtesy and protocol, advocate Mkhwebane has advised President Ramaphosa that she will be reporting back to work tomorrow morning on Tuesday, September 5 2023,” said Mkhwebane.

The public protector’s non-renewable seven-year term of office expires in October.

Media Alert‼️

On 9 June 2022 the President signed a Presidential Minute recording his decision to suspend the Public Protector,Adv Busisiwe Mkhwebane “pending the finalisation of the proceedings/inquiry initiated by the Committee of the National Assembly established in terms of… pic.twitter.com/FirEcfRfEQ

— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) September 4, 2023

Proceedings not finalised

However, in a letter to Mkhwebane, Ramaphosa said the committee has not finalised the proceedings.

“Now that the committee has adopted its report, the proceedings which were initiated by the committee will be finalised either when the National Assembly does not adopt a resolution calling for your removal from office; or if the National Assembly does adopt such a resolution, when I act in terms of section 194(3)(b) of the Constitution.

“It is therefore patently clear that the process initiated by the committee is not completed (as your letter suggests) when the inquiry by the committee has been finalised,” said Ramaphosa.

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

Return to work ‘misconceived’

Ramaphosa said he has also not been informed of any resolution having been taken by the National Assembly as contemplated by section 194(2) of the Constitution.

“The National Assembly has therefore not yet completed its part of the process. In the circumstances, you have no right or entitlement in law to return to office pending the decisions.

“In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived,” Ramaphosa said.

Procrastination

Ramaphosa said Mkhwebane also waited until Monday to inform him of her decision to return to work.

“Your letter states that you were advised on 24 August 2023 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.

“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,” Ramaphosa said.

Meanwhile, the Office of the Public Protector said Mkhwebane’s suspension remains effective despite her intention to return to work on Tuesday.

“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 inquiry is a parliamentary process, and the PPSA ( Public Protector South Africa) is not a party thereto. Accordingly, in the absence of communication emanating from the president, Adv. Mkhwebane’s suspension remains effective,” it said.

Permanent removal

Last week, the parliamentary committee probing Mkhwebane’s fitness to hold office, adopted its final report which recommended her permanent removal – without Mkhwebane’s response to the guilty findings of incompetence and misconduct.

This after she was found guilty of misconduct and incompetence.

Mkhwebane vowed to stay put in her position and fight the “dark forces” who are “pretending to be acting in the interests of the Constitution”.

She made the comments during a media briefing in response to the “distorted information” being shared about her by the Section 194 Committee.

Additional reporting by Vhahangwele Nemakonde

ALSO READ: Mkhwebane vows to fight ‘dark forces’ who want to take away her ‘hard-earned’ benefits