Union welcomes Mkhwebane’s suspension, says she ‘harassed’ staff

Public Servants Association (PSA) has welcomed the suspension of Public Protector Busisiwe Mkhwebane and accuses her of unfairly targetting her staff.

President Cyril Ramaphosa suspended Mkhwebane with immediate effect on Thursday, 9 June 2022. This is until the National Assembly concludes her impeachment proceedings.

“President Ramaphosa has fulfilled his obligation to provide Advocate Mkhwebane a fair hearing by according her sufficient time and opportunity to make submissions. In considering each element of the Public Protector’s submissions carefully, the President has taken into account the nature of the Public Protector’s office and his own Constitutional obligations,” the Presidency said in a statement.

BUSISIWE MKHWEBANE ‘NOT FIT FOR OFFICE’

Further reacting to the Public Protector’s suspension, the PSA says its main bone of contention has always been how Busisiwe Mkhwebane treated her employees.

“ The Public Protector harassed and purged PSA shop stewards by subjecting them to dubious disciplinary hearings. She instructed external lawyers to confiscate laptops of investigators without them being provided with security clearance, compromising the work of the office of the Public Protector. She further appointed tainted senior staff who were dismissed from government departments owing to their indiscretion and misconduct.”

Public Servants Association (PSA)

Mkhwebane’s deputy Kholeka Gcaleka has been appointed to act in her post, in the meantime. The union has called on Gcaleka to “pursue labour peace and create a conducive environment” for employees.

“The PSA remains adamant that advocate Mkhwebane was not fit to run the Office. The PSA reiterates the call that her removal from the office must be expedited as she remains a stumbling block for in the way of restoring the integrity of this critical institution,” the union further said.

Mkhwebane is not going down without a fight and intends challenging her suspension.

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,” she said.