Suspended Public Protector Busisiwe Mkhwebane Loses Court Bid to Return to Work and Probe Phala Phala Theft

Suspended Public Protector Busisiwe Mkhwebane Loses Court Bid to Return to Work and Probe Phala Phala Theft

  • The Western Cape High Court has ruled against Public Protector Busiswe Mkwebane's bid to be reinstated
  • The high court stated that while Mkhwebane's suspension was declared invalid, the Constitutional Court needs to confirm the high court's ruling
  • South Africans are not surprised that Mkherbane lost her court bid because legal experts told her that ConCourt is the deciding factor

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CAPE TOWN - The Western Cape High Court has dashed suspended Public Protector Busisiwe Mkhwebane's hopes of returning to work.

Suspended Public Protector Busisiwe Mkhwebane
Suspended Public Protector Busisiwe Mkhwebane will not be returning to work anytime soon. Images: Leila Dougan & Brenton Geach
Source: Getty Images

The same bench of judges that declared President Cyril Ramaphosa's decision to suspend Mkhwebane invalid stated the Constitutional Court should decide on whether she can return to work.

According to EWN, Mkwebane is eager to get back to work because she wants to continue with the probe into the Phala Phala theft allegations. She has been in court twice to argue for her return to work and has been unsuccessful both times.

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The Democratic Alliance filed to appeal the high court's decision to declare her suspension invalid, which prompted Mkwebane to return to court in a bid to start working immediately.

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Mkhwebane was previously under the impression that the court's ruling meant she would be reinstated immediately. However, according to the Mail & Guardian, the DA and the Ramaphosa argue that Mkwebane's return to office will prejudice the country.

Mkwebane is in the middle of an impeachment trial, and Ramaphosa decided to suspend her pending the outcome of the inquiry.

The Western Cape High Court stated that declaring her suspension invalid was never meant to offer Mkhwebane temporarily relief and added that the Constitutional Court should confirm a judgement involving the president.

South Africans react

@teamSA4eva said:

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"Well..the Court is captured again. When the same judges found in her favour a month ago, the court was, temporarily, uncaptured."

@MoyaboMasipa said:

"They should make Dali pay all costs from his own pocket. He should have known as a "senior counsel" that the high court judgement first had to be confirmed by the CC. Even if he did not know, lawyers for the DA told him. He instead patronized them as he always does."

@KkKakaza said:

"At least the judges sobered up. The (suspended) @PublicProtector legal team was advised (pro bono) to wait for the confirmation by the ConCourt. Because losing cases to them is a hobby, they made an urgent application for reimbursement."

@rhoozradiante said:

"They are handing it over to Zondo so he can do the obvious."

@MajolaWillibrod said:

"Sounds like Mkhwebane cannot help herself. Besides DA & President, other legal experts did say that an order invalidating a decision by the president must be referred to ConCourt."

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@Taudiyarora_70 said:

" Adv Mpofu smiling all the way to the bank. Judiciary is captured again "

Busisiwe Mkhwebane impeachment: PP allegedly fired "disrespectful employee" for using her first name

Briefly News previously reported that the Section 194 Committee heard how suspended Public Protector Busisiwe Mkhwebane allegedly fired an employee who called her by her first name. The employee was the public protector's former spokesperson Cleopatra Mosana.

On Wednesday, 17 August, the acting head of corporate services at the public protector's office, Gumbi Tyelela gave testimony related to the termination of Mosana's job.

Tyelela said that Mkhwebane felt disrespected and no longer wanted to work with Mosana as she called her 'Busisiwe', according to TimesLIVE.

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Source: Briefly News

Lebogang Mashego avatar

Lebogang Mashego (Current Affairs HOD) Lebogang Mashego runs the Current Affairs desk. She joined the Briefly News team in 2021. She has 6 years of experience in the journalism field. Her journalism career started while studying at Rhodes University, where she worked for the Oppidan Press for 3 years. She worked as a lifestyle writer and editor at W24 and Opera News. She graduated with a BA degree majoring in Journalism and Media Studies in 2017. She's a recipient of the INMA Elevate Scholarship. Email:

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