Presidency to ‘seek Constitution’s guidance’ after court set aside PP suspension

The Western Cape High Court said it was reasonable to consider that Mkhwebane’s suspension was caused by her investigation into the theft of the Phala Phala farm in 2020.

President Cyril Ramaphosa. Photo: PresidencyZA/Twitter

JOHANNESBURG – The Presidency says it will seek guidance from the Constitution on next steps following the Western Cape High Court’s decision to set aside the suspension of Public Protector (PP) – Busisiwe Mkhwebane.

The verdict was handed down on Friday.

READ: Ramaphosa’s suspension of Mkhwebane as PP was vindictive and one-sided, court finds

The High Court said it was reasonable to consider that Mkhwebane’s suspension was caused by her investigation into the Phala Phala farm theft in 2020.

In the weeks before her suspension – she had asked President Cyril Ramaphosa to answer 31 questions about the saga.

Justices Nuku, Francis and Lekhuleni said it would not be difficult to uphold the proposition that by suspending Mkhwebane, it would not also have the effect of delaying the Public Protector’s investigation into Phala Phala.

They said there is a reasonable perception that Ramaphosa was not fair-minded when it came to Mkhwebane.

“The Presidency has noted the judgment given by the Western Cape High Court, which states that the President’s decision to suspend lawyer Mkhwebane is null and void. The Presidency will seek guidance from the Constitution on the next steps,” said the presidency spokesperson, Vincent Magwenya.

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