Ramaphosa suspends Public Protector Busisiwe Mkhwebane with immediate effect

President Cyril Ramaphosa has suspended Public Protector Busisiwe Mkhwebane from office, effective immediately.

The Presidency confirmed on Thursday that Mkhwebane’s suspension was in line with the Constitution.

“Section 194(3) (a) of the Constitution provides that the President may suspend the Public Protector or any member of a Chapter 9 institution ‘at any time after the start of proceedings by a committee of the National Assembly for [their] removal’,” the Presidency said in a statement.

Mkhwebane will remain suspended until her impeachment process, which is being handled by Parliament’s Ad Hoc Committee on the Section 194 Inquiry, has been completed.

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Ramaphosa previously wrote to Mkhwebane on 17 March asking her to explain why he should not suspend her and gave her 10 days to respond.

This, however, was delayed due to Mkhwebane’s litigation, which attempted to use the courts to block her suspension and Parliament’s looming impeachment process.

The Public Protector submitted her reasons to the president on 27 May.

“In considering each element of the Public Protector’s submissions carefully, the president has taken into account the nature of the Public Protector’s office and his own Constitutional obligations,” the Presidency added.

Do not be deflected #glencore and #farmgate aluta continua

— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) June 9, 2022

Deputy Public Protector Kholeka Gcaleka will take over Mkhwebane’s responsibilities.

“The absence of advocate Mkhwebane from office will therefore not impede the progress of any investigations that are pending or underway.

“President Ramaphosa and Advocate Mkhwebane are both obligated to act in the best interest of the country, in compliance with the Constitution and mindful of the need to protect all Constitutional institutions.

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

“The President’s decision to suspend Advocate Mkhwebane is the best manner to fulfill these obligations,” the Presidency concluded.

According to Parliament’s provisional programme, Mkhwebane will start physically appearing before her impeachment inquiry in July this year.

The Public Protector will be the first head of a Chapter 9 institution to face a parliamentary inquiry. 

Investigations into Ramaphosa

Mkwebane’s suspension comes a day after she confirmed that a complaint was lodged against Ramaphosa for allegedly breaching the Executive Code of Ethics.

This relates to the $4 million robbery at Ramaphosa’s Limpopo farm.

African Transformational Movement (ATM) president Vuyo Zungula filed the formal complaint via a letter, after former State Security Agency (SSA) director-general Arthur Fraser last week laid criminal charges against the president of money laundering, kidnapping and corruption.

Mkhwebane also indicated that the investigation and report into the incident would be completed in 30 days.

READ MORE: Mabuza says people should not ‘jump the gun’ over demands for Ramaphosa’s resignation

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.

An investigation into South Africa’s ties with mining giant Glencore is also under consideration by the Public Protector’s office.

Former Eskom executives Brian Molefe and Matshela Koko previously made allegations of wrongdoing against Glencore.

The pair alleged that Glencore made Ramaphosa the chairperson of its then partly-owned Optimum Coal Mine in 2012 due to his political influence in a bid to assist the company in its dealings with Eskom.

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