‘Mkhwebane’s intention to return to work is misconceived’: Ramaphosa
Public protector’s suspension remains effective until parliament votes on her fitness to hold office, President says
05 September 2023 - 14:31
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President Cyril Ramaphosa has set out the conditions preventing suspended public protector Busisiwe Mkhwebane from returning to office in a letter to her dated September 4 2023. Picture: GCIS
President Cyril Ramaphosa has again explained to suspended Public Protector Busisiwe Mkhwebane the reasons why she cannot legally return to work after she announced she would report for duty but was prevented from doing so.
Presidency spokesperson Vincent Magwenya said Ramaphosa pointed out that Mkhwebane’s “intention to return to work is misconceived”.
“The leadership in the police service have told my protectors they can’t be held responsible,” she told journalists. “It’s like I am defiant and unfortunately they cannot allow them to be involved in such. Apparently I was going to be blocked or the police can’t allow me to enter the office.”
Mkhwebane said her understanding of the Public Service Act was that the issue of “suspension shouldn’t be used as a punishment. You can be suspended as an employee and if the process is not complete, because sometimes it says you should finalise the process within 60 days, you can come back to work while the proceedings are ongoing”.
However, Magwenya on Tuesday said Ramaphosa outlined to Mkhwebane the constitutional processes that pertain to her suspension or potential removal from office, and which prevent her from reporting for duty.
He said the president set out the conditions preventing her return to office in a letter to her dated September 4 2023.
Magwenya said Ramaphosa was responding to to a letter from Mkhwebane in which she had expressed her intention to report for duty on Tuesday until the expiry of her term of office on October 14 or “any lawful removal in terms of section 194 of the constitution, whichever happens first.
“The president has pointed out to advocate Mkhwebane that her intention to return to work is misconceived,” Magwenya said. “The proceedings initiated by a committee of the National Assembly, which has inquired into advocate Mkhwebane’s fitness to hold office, have yet to be completed.
“Now that the committee has adopted its report, the proceedings initiated by the committee will be finalised either when the National Assembly does not adopt a resolution calling for the removal from office of advocate Mkhwebane, or if the National Assembly does adopt such a resolution.”
In his letter Ramaphosa said: “It is therefore patently clear the process initiated by the committee is not completed, (as your letter suggests) when the inquiry by the committee has been finalised.
“In the circumstances, you have no right or entitlement in law to return to office pending the decisions to which I refer above.
“In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived.
“Your letter states you were advised on August 24 2023 that the committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow. Such precipitate action is unjustified on any basis.”
TimesLIVE reported that Mkhwebane announced on social media platforms on Monday evening that she intended to head back to work after the parliamentary section 194 inquiry which investigated her fitness to hold office finalised and submitted its report with recommendations to the National Assembly.
Parliament is expected to make a decision on Mkhwebane on September 11.
“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.
Mkhwebane argues her suspension was only effective during the parliament inquiry, but the public protector's office 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,” said spokesperson Ndili Msoki.
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.
‘Mkhwebane’s intention to return to work is misconceived’: Ramaphosa
Public protector’s suspension remains effective until parliament votes on her fitness to hold office, President says
President Cyril Ramaphosa has again explained to suspended Public Protector Busisiwe Mkhwebane the reasons why she cannot legally return to work after she announced she would report for duty but was prevented from doing so.
Presidency spokesperson Vincent Magwenya said Ramaphosa pointed out that Mkhwebane’s “intention to return to work is misconceived”.
“The leadership in the police service have told my protectors they can’t be held responsible,” she told journalists. “It’s like I am defiant and unfortunately they cannot allow them to be involved in such. Apparently I was going to be blocked or the police can’t allow me to enter the office.”
Mkhwebane said her understanding of the Public Service Act was that the issue of “suspension shouldn’t be used as a punishment. You can be suspended as an employee and if the process is not complete, because sometimes it says you should finalise the process within 60 days, you can come back to work while the proceedings are ongoing”.
However, Magwenya on Tuesday said Ramaphosa outlined to Mkhwebane the constitutional processes that pertain to her suspension or potential removal from office, and which prevent her from reporting for duty.
He said the president set out the conditions preventing her return to office in a letter to her dated September 4 2023.
Magwenya said Ramaphosa was responding to to a letter from Mkhwebane in which she had expressed her intention to report for duty on Tuesday until the expiry of her term of office on October 14 or “any lawful removal in terms of section 194 of the constitution, whichever happens first.
“The president has pointed out to advocate Mkhwebane that her intention to return to work is misconceived,” Magwenya said. “The proceedings initiated by a committee of the National Assembly, which has inquired into advocate Mkhwebane’s fitness to hold office, have yet to be completed.
“Now that the committee has adopted its report, the proceedings initiated by the committee will be finalised either when the National Assembly does not adopt a resolution calling for the removal from office of advocate Mkhwebane, or if the National Assembly does adopt such a resolution.”
In his letter Ramaphosa said: “It is therefore patently clear the process initiated by the committee is not completed, (as your letter suggests) when the inquiry by the committee has been finalised.
“In the circumstances, you have no right or entitlement in law to return to office pending the decisions to which I refer above.
“In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived.
“Your letter states you were advised on August 24 2023 that the committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow. Such precipitate action is unjustified on any basis.”
TimesLIVE reported that Mkhwebane announced on social media platforms on Monday evening that she intended to head back to work after the parliamentary section 194 inquiry which investigated her fitness to hold office finalised and submitted its report with recommendations to the National Assembly.
Parliament is expected to make a decision on Mkhwebane on September 11.
“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.
Mkhwebane argues her suspension was only effective during the parliament inquiry, but the public protector's office 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,” said spokesperson Ndili Msoki.
TimesLIVE
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