Johannesburg - Busisiwe Mkhwebane, who was found not guilty by the Western Cape High Court in September last year, said the court ruling has no value to her already severely impacted career as the public protector, with her term coming to an end in October this year.
In September, Mkhwebane was ready to return to her office following a decision by the Western Cape High Court declaring the decision by President Cyril Ramaphosa to suspend her invalid and setting it aside.
Mkhwebane, who successfully argued for her suspension to be set aside, had argued that Ramaphosa’s suspension of her was unconstitutional.
Her legal adviser said Ramaphosa had suspended her out of revenge because of her report on the CR7 presidential campaign as well as the Phala Phala burglary at Ramaphosa’s farm in Limpopo, where American dollars were stolen in February 2020.
This week, Mkhwebane reiterated her earlier sentiments that it is too late for her to return to her office.
“Thanks for the correct sentiment, but I am on record as saying that since the suspension has now served its political purpose, I am no longer interested in that judgment. Whatever the outcome, the Constitution must have acted above politics. Maybe they must send it to law facilities for studies on justice delayed and denied,” she said.
On September 9, 2022, the full bench of the Western Cape High Court unanimously ruled that Mkhwebane's suspension by the president was unlawful. However, Ramaphosa and the DA challenged this ruling and the chances for Mkhwebane to return to work.
Three weeks ago, Mkhwebane, who hosted a media briefing after realising WhatsApp conversations between her husband, David Skosana, and former ANC MP Tina Joemat-Pettersson argued that the courts and the president had acted improperly in trying to frustrate her return to her job.
“More than a year ago, on June 9, 2022, the head of the South African executive, President Cyril Ramaphosa, abused his powers given to him in terms of section 194(3)(a) of the Constitution, which empowers him to suspend the public protector. Regarding the Western Cape Court, it had this to say: ‘In our view, the hurried nature of the suspension of the applicant in the full circumstances, notwithstanding that a judgment of all the courts was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and hence unlawful.’”
“I was supposed to go back to my office, but on September 6, the DA and the president of the ANC and South Africa lodged an urgent appeals proceeding with the view to suspend the high court judgment and prevent my return to the office. The high court failed to see through this scheme and failed to grant relief in terms of section 18 of the Superior Court Act to implement judgment pending appeal,” Mkhwebane said.
The DA has denied the allegations, saying Ramaphosa showed no bias when he suspended Mkhwebane and that the judgment was incorrect.
“The DA believes the judgment by the Western Cape High Court was incorrect and should have been dismissed by the court,” DA spokesperson Solly Malatsi said.
Attempts to get comment from the President’s office were not successful at the time of going to print.
The Star