Mkhwebane’s bid to halt impeachment process postponed due to ‘unfortunate development’

Public Protector Busisiwe Mkhwebane’s application for an interdict against President Cyril Ramaphosa suspending her and to halt Parliament’s impeachment process against her has been postponed to 18 May and 19 May.

The postponement was because of what Mkhwebane’s legal counsel, advocate Dali Mpofu, called an “unfortunate development” with the public protector’s rescission application to the Constitutional Court (ConCourt).

Mpofu didn’t elaborate on what the “unfortunate development” was.

Mkhwebane’s hearing was supposed to take place on Tuesday and Wednesday in the Western Cape High Court. 

Mkhwebane has applied to the ConCourt to reverse an earlier judgment by the court to allow Parliament’s impeachment process against her to go ahead.

Mkhwebane filed an interdict to get National Assembly Speaker Nosiviwe Mapisa-Nqakula to halt the impeachment process. She is also seeking to prevent Ramaphosa from suspending her.

ALSO READ: Mkhwebane files interdict to halt impeachment, slams Ramaphosa’s ‘conduct’ in papers

The public protector also wants Mapisa-Nqakula to withdraw the letter she wrote to Ramaphosa. The letter informed the president that Parliament’s Ad Hoc Committee on the Section 194 Inquiry would proceed with the impeachment.

Mkhwebane wants the letter declared “unconstitutional” and “invalid”.

She also argued that Ramaphosa’s decision to start her suspension process was “irrational”.

Ramaphosa on 17 March wrote to Mkhwebane asking her to explain why he should not suspend her during the inquiry into her fitness to hold office.

Mkhwebane, however, said Ramaphosa is conflicted because of the Public Protector office’s ongoing investigations regarding him.

The investigations are reportedly related to the controversial South African Air Force flight to Zimbabwe in 2020 on which senior ANC officials received a lift, allegations of judicial capture and claims that Ramaphosa knew about the abuse of state funds during the ANC’s elective conferences.

Because of this, Mkhwebane said Ramaphosa should delegate another official from the Presidency, such as Deputy President David Mabuza, to suspend her pending the conclusion of the impeachment process against her.