High court sets aside Mkhwebane’s suspension by Ramaphosa
Mkhwebane brought an application before court after being suspended in June
09 September 2022 - 17:06
byERNEST MABUZA
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
The Western Cape High Court said President Cyril Ramaphosa's suspension of public protector Busisiwe Mkhwebane was tainted by bias of a disqualifying kind and, perhaps, an improper motive. Picture: FREDDY MAVUNDA
The full bench of the Western Cape High Court on Friday declared invalid President Cyril Ramaphosa's suspension of public protector Busisiwe Mkhwebane, effective immediately.
Mkhwebane brought an application before court after being suspended in June.
On June 8, she announced her decision to investigate the Phala Phala incident as she was enjoined in law to do.
On June 9 Ramaphosa suspended her and the deputy public protector took over her duties.
The next day the Western Cape High Court refused interim relief sought by Mkhwebane in Part A of her application to halt impeachment proceedings against her in parliament and prevent her suspension.
In its judgment, the full bench said Ramaphosa received a letter from Mkhwebane about the Phala Phala investigation which required him to respond within 14 days from June 7.
The court said the clock was ticking when Ramaphosa signed the suspension letter a day later. Mkhwebane’s case was that this would give rise to reasonable apprehension of bias on the part of the president, which disqualified him from personally exercising the suspension powers.
“In our view, the hurried nature of the suspension of (Mkhwebane) in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and hence, unlawful.”
The court said it was tainted by bias of a disqualifying kind and, perhaps, an improper motive.
“In our view, the president could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant.”
The court said these considerations did not detract from the suspension being long in the making.
“However, at the time the suspension was finalised, the president was dealing with an investigation by (Mkhwebane), the substance of the allegations of which he could not discuss as he had done with the other investigations, and this, in our view, is the critical time to assess whether it was still tenable for the president to exercise the suspension powers,” the court said.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
High court sets aside Mkhwebane’s suspension by Ramaphosa
Mkhwebane brought an application before court after being suspended in June
The full bench of the Western Cape High Court on Friday declared invalid President Cyril Ramaphosa's suspension of public protector Busisiwe Mkhwebane, effective immediately.
Mkhwebane brought an application before court after being suspended in June.
On June 8, she announced her decision to investigate the Phala Phala incident as she was enjoined in law to do.
On June 9 Ramaphosa suspended her and the deputy public protector took over her duties.
The next day the Western Cape High Court refused interim relief sought by Mkhwebane in Part A of her application to halt impeachment proceedings against her in parliament and prevent her suspension.
In its judgment, the full bench said Ramaphosa received a letter from Mkhwebane about the Phala Phala investigation which required him to respond within 14 days from June 7.
The court said the clock was ticking when Ramaphosa signed the suspension letter a day later. Mkhwebane’s case was that this would give rise to reasonable apprehension of bias on the part of the president, which disqualified him from personally exercising the suspension powers.
“In our view, the hurried nature of the suspension of (Mkhwebane) in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and hence, unlawful.”
The court said it was tainted by bias of a disqualifying kind and, perhaps, an improper motive.
“In our view, the president could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant.”
The court said these considerations did not detract from the suspension being long in the making.
“However, at the time the suspension was finalised, the president was dealing with an investigation by (Mkhwebane), the substance of the allegations of which he could not discuss as he had done with the other investigations, and this, in our view, is the critical time to assess whether it was still tenable for the president to exercise the suspension powers,” the court said.
TimesLIVE
Public protector’s ‘professional and consulting fees’ under spotlight in probe
Van Loggerenberg flags Shivambu over top-secret report
Busisiwe Mkhwebane’s perjury trial delayed pending high court review
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most Read
Related Articles
EDITORIAL: How not to run an impeachment committee
Mkhwebane to receive R10m ‘golden handshake’ in 2023, committee hears
Mkhwebane made to pay for abuse of top court’s processes
Published by Arena Holdings and distributed with the Financial Mail on the last Thursday of every month except December and January.