Mkhwebane approaches high court to enforce ruling invalidating her suspension

Suspended Public Protector Busisiwe Mkhwebane has reportedly launched an urgent application to the Western Cape High Court to enforce its order invalidating her suspension.

This after the High Court ruled on Friday that President Cyril Ramaphosa’s decision to suspend her in June was invalid.

The ruling, however, did not affect her suspension until it is confirmed by the Constitutional Court.

ALSO READ: High Court rules Ramaphosa’s decision to suspend Mkhwebane invalid

News24 reported on Saturday that Mkhwebane had asked the Western Cape High Court to enforce its ruling regardless of any appeals launched against it.

The suspended public protector, who’s facing an impeachment inquiry in Parliament, apparently argues in court papers that there, “… can be no doubting the fact that my entire career and occupational welfare is at stake”.

She also accused the Democratic Alliance (DA) of trying to prevent her, “… from resuming my duties, by hook or by crook and any means necessary…”

The DA on Saturday announced its intention to appeal the high court’s ruling.

In court papers, the official opposition party contends that it is the apex court that should confirm the order.

According to the party, the high court erred in finding that it was reasonable and permissible to form the perception that the suspension of Mkhwebane was triggered by her decision to institute an investigation against Ramaphosa.

In recent weeks, Ramaphosa was asked by the public protector to answer 31 questions in relation to the alleged burglary which took place at his Phala Phala game farm in Limpopo.

Ramaphosa has been criticised for not wanting to explain in detail what he knows about the burglary, always stressing that the matter should be allowed to be investigated by law enforcement agencies.

The DA is of the view that the high court erred in finding that the suspension of the public protector was hurried.

“The high court erred in finding that the president could not bring an unbiased mind to bear as he was conflicted when he suspended the public protector.

“The high court erred in finding that the decision of the public protector to investigate the president and put 31 questions to him prompted the president to suspend the public protector,” the party said in court papers.

Meanwhile, Acting Public Protector Advocate Kholeka Gcaleka on Friday received a memorandum of demands from eight political parties represented in Parliament.

ALSO WATCH:

WATCH: Opposition parties march to the Public Protector’s office.#PhalaPhala pic.twitter.com/TjqP14ziRK

— Jacaranda News (@JacaNews) September 9, 2022

She promised to respond to the demands within seven days.

The picket was meant to force Gcaleka to release the report into the Phala Phala scandal at Ramaphosa’s game farm.

Ramaphosa said he would seek the guidance of the Constitutional Court on the way forward.

Additional reporting by Thapelo Lekabe

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