Mkhwebane’s bid to reverse suspension hits a snag after her office withdraws court application

Public Protector Busisiwe Mkhwebane’s court challenge against her suspension has been dealt a blow after her papers were withdrawn by her office.

On Wednesday, Deputy Public Protector Kholeka Gcaleka, who is acting in Mkhwebane’s position, withdrew the Public Protector’s application looking to reverse her suspension.

Gcaleka wrote to the respondents in the matter to inform them of her decision on Wednesday.

The reason behind the withdrawal was due to Mkhwebane’s lawyers not being authorised by Gcaleka as the Acting Public Protector.

ALSO READ: Investigation into allegations against Ramaphosa still on track, says Public Protector

“In the circumstances, we intend delivering notices of withdrawal of the aforesaid application for leave to appeal as well as the notice of motion of the PPSA,” Gcaleka stated.

The application was expected to be heard by the Western Cape High Court on 25 and 26 July, according to TimesLIVE.

Mkhwebane had approached the court after President Cyril Ramaphosa denied to reverse her suspension.

She had sent a letter – dated 13 June – to Ramaphosa, demanding her reinstatement.

However, the Presidency insisted that Ramaphosa stood by his decision to suspend Mkhwebane.

Investigations

Mkhwebane was suspended by Ramaphosa on 9 June, the day after she confirmed the investigation into the president regarding the $4 million Phala Phala farm theft, with the timing being questioned by the opposition in Parliament.

The Public Protector had submitted her reasons on why she should not be suspended to Ramaphosa on 27 May.

Gcaleka has since taken over Mkhwebane’s investigations as the Public Protector will remain suspended until her impeachment process has been completed.

READ MORE: Public Protector’s office sends questions to police commissioner over ‘farmgate’

In his court papers, Ramaphosa stated that the Public Protector’s investigations into him were not a good enough reason to set aside Mkhwebane’s suspension, TimesLIVE reported. 

“Advocate Mkhwebane places no facts before the court to demonstrate, even on a prima facie basis, that her suspension has impeded the investigation in any manner whatsoever or that her suspension has in any way affected the investigation negatively or resulted in the Acting Public Protector being unable to fulfil her obligations in respect of the investigation,” the president said.

Mkhwebane had argued that her suspension was unlawful in light of the investigations.

“I was met with an almost immediate retaliatory response of an immediate, inexplicable and clearly irrational suspension.

“The clear message and example sent to the other agencies, whether inadvertently or otherwise, must clearly be is one of intimidation and instilling fear.

READ MORE: Timeline: How Mkhwebane’s impeachment will unfold

“My suspension will most certainly have that probably desired effect,” the Public Protector said in her court papers.

Other investigations by the Public Protector are 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.

Impeachment

Mkhwebane’s impeachment process is being handled by Parliament’s Ad Hoc Committee on the Section 194 Inquiry.

According to Parliament’s provisional programme, the Public Protector will start physically appearing before her impeachment inquiry on 11 July.

She will be the first head of a Chapter 9 institution to face a parliamentary inquiry.