Public Protector Cyril Ramaphosa farmgate

Public Protector Busisiwe Mkhwebane will lead an investigation in Cyril Ramaphosa, amid fears of ‘conflicted interests’ – Photo: amr amr / Flickr

‘Legally questionable’: Mkhwebane to challenge her suspension

Public Protector Advocate Busisiwe Mkhwebane says President Cyril Ramaphosa is conflicted and can therefore, not suspend her

Public Protector Cyril Ramaphosa farmgate

Public Protector Busisiwe Mkhwebane will lead an investigation in Cyril Ramaphosa, amid fears of ‘conflicted interests’ – Photo: amr amr / Flickr

Public Protector Advocate Busisiwe Mkhwebane is not going down without a fight and intends challenging President Cyril Ramaphosa’s decision to suspend her from office.

Mkhwebane recently suffered another court defeat when the Western Cape High Court dismissed her bid to interdict Parliament from forging ahead with its inquiry into her fitness to hold office – and to also prevent Ramaphosa from suspending her.

Reacting to the court judgement, Mkhwebane said it was focused on a technicality.

“It seems clear that the judgment is largely and focused on the technicality that the application is for an interim interdict and the special requirements of such interim interdicts, rather than the merits of whether this particular President is personally legally entitled to suspend a person who is investigating him for serious and impeachable offences. And whether the provisions of the empowering section 194(3)(a) of the Constitution had been triggered (i.e., whether the removal proceedings had started) by 17 March 2022 or even yesterday when the suspension occurred,”

Public Protector Advocate Busisiwe Mkhwebane

MKHWEBANE SAYS HER SUSPENSION IS ‘LEGALLY QUESTIONABLE’

On her suspension, Advocate Busisiwe Mkhwebane said that President Cyril Ramaphosa is even more conflicted now given the fact that she had recently decided to investigate him over the alleged robbery on his Limpopo farm.

“I will also challenge suspicious and legally questionable suspension decision made yesterday, more particularly in so far as it was done in apparent contempt of court, in breach of undertakings made to me by the President via his lawyers, and by a President who is now even more conflicted given the more recent Glencore and Phala Phala complaints/investigations,” Mkhwebane said.

Former spy boss Arthur Fraser laid criminal charges against Ramaphosa last week, claiming he concealed the theft of R62 million that had been kept on his farm in Phala Phala, Limpopo. He also alleges that the suspects were kidnapped and interrogated, before being offered money for their silence.

Ramaphosa has admitted there was a robbery on his property, but denies being criminally liable and says the monies stolen were proceeds from the sale of cattle on his farm.

“The truth will come out and there will indeed be much needed accountability by all those entrusted with very serious constitutional powers including the President, the Speaker, the Judiciary and the Public Protector.”

Public Protector Advocate Busisiwe Mkhwebane