Busisiwe Mkhwebane’s Suspension Challenge Falls Flat After ConCourt Rules in Favour of President Ramaphosa

• Advocate Busisiwe Mkhwebane's suspension from the Office of the Public Protector is here to stay
• The Constitutional Court ruled that President Cyril Ramaphosa's reasoning behind the suspension was rational
• The ConCourt's decisions effectively override the Western Cape High Court's earlier judgment that the suspension was unlawful

JOHANNESBURG - Advocate Busisiwe Mkhwebane has failed to get her suspension reversed after the Constitutional Court (ConCourt)sided with President Cyril Ramaphosa.

With Mkhwebane's term in office quickly coming to an end, the apex court dismissed the suspended public protector's latest bid to return to office.

On Thursday, 13 July, the ConCourt that President Cyril Ramaphosa's reasoning behind suspending Mkhwebane was reasonably rational, The Citizen reported.

Cyril Ramaphosa suspend Public Protector Busisiwe Mkhwebane with immediate effect

President Ramaphosa temporarily suspended Mkhwebane in June 2022 pending the outcome of the section 194 enquiry into her fitness to hold office.

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Mkhwebane approached the Western Cape High Court to have the suspension ruled unlaw, arguing that she was being persecuted for opening the Phala Phala investigation.

While the high court sided with Mkhwebane, it ruled against her being immediately reinstated to her position, BusinessLIVE reported.

ConCourt finds Mkhwebane wasn't suspended as a result of retaliation

The matter was escalated to the Constitutional Court, which ultimately delivered a unanimous judgement.

Deputy Chief Justice Mandisa Maya refuted Mkhwebane's claim that his suspension was retaliation for looking into the Phala Phala issue.

Maya said Ramaphosa had nothing to personally gain from suspending Mkhwebane, given that the Phala Phala investigation continued in her absence and the president had no say n who was appointed in her stead.

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Maya said:

“It cannot be said that the president’s decision to suspend her was irrational even if there were other rational causes open to him.”

SA has mixed reactions to Concourt ruling against Busisiwe Mkhwebane

Below are some comments:

@ALETTAHA celebrated:

"Wow. At last!"

@LesetjaMagongwa slammed:

"Our courts are captured! Our courts are captured! Our courts are captured."

@somkheleomkhulu requested:

"Bye Busisiwe, please don’t do another Mgosi presser."

@Sizarhwayiza claimed:

"We all knew how this was going to turn out. If it was any different, we would have seen the panic at Luthuli House."

@AmukelaniMoyani pointed out:

"Mpofu has to be the luckiest advocate in the world, making millions while losing almost all his cases!"

Kholeka Gcaleka gets the most nominations to take over Busisiwe Mkhwebane, EFF’s Shivambu strongly objects

In another story, Briefly News reported that acting Public Protector Kholeka Gcaleka seems to be on her way to a permanent position, but some people are unhappy about the prospects.

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Gcaleka has been running the Office of the Public Protector since President Cyril Ramaphosa suspended Busisiwe Mkhwebane while her impeachment trial was underway.

According to The Citizen, Gcaleka is leading the pack and received the most nominations to be the next public protector.

Source: Briefly News