Busisiwe Mkhwebane cannot return to work until president says so, protector’s office says

Suspended public protector advocate Busisiwe Mkhwebane seems not to be welcome at the office of the public protector as she plans to return to work on Tuesday. 

Mkhwebane announced on social media platforms on Monday evening that she intended to head back to work after the parliament section 194 inquiry, which probed her fitness to hold office, finalised and submitted its report with recommendations to the National Assembly. Parliament is expected to make a decision on September 11 on Mkhwebane’s case.

According to Mkhwebane’s interpretation her suspension was only effective during the parliament inquiry.

“The section 194 proceedings/inquiry has been finalised. The period of suspension defined in the Presidential Minute issued in terms of section 194(3)(a) read with section 101(1) of the constitution has expired. Therefore and as a matter of courtesy and protocol advocate Mkhwebane has advised President Cyril Ramaphosa that she will be reporting back to work,” the statement read.

Her interpretation clashes with that of her office, which said she remains suspended until Ramaphosa advises otherwise.

“The institution acknowledges the subject of the matter and hereby advises the public protector is not an employee of the PPSA. The public protector is appointed to office by the president of the Republic,” public protector spokesperson Ndili Msoki said. 

Msoki said it would wait for Ramaphosa’s office to advise whether Mkhwebane should report back to work.

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