THE Office of the Public Protector says Busisiwe Mkhwebane’s suspension remains effective despite her intention to return to work on Tuesday.
This comes after Mkhwebane shared a post on X (formerly Twitter) that on 9 June 2022, Pres Cyril Ramaphosa signed a presidential minute recording his decision to suspend her “pending the finalisation of the proceedings by the committee”.
Mkhwebane said the proceedings had 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 Ramaphosa that she will be reporting back to work tomorrow morning on Tuesday, September 5 2023,” said Mkhwebane.
Ramaphosa says suspended Public Protector Busisiwe Mkhwebane has “no right or entitlement in law to return to office” pending the final decision by the committee of the National Assembly established in terms of section 194 of the Constitution.
The President said he has also not been informed of any resolution having been taken by the National Assembly as contemplated by section 194(2) of the Constitution.
“The National Assembly has therefore not yet completed its part of the process. In the circumstances, you have no right or entitlement in law to return to office pending the decisions.
“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,” Ramaphosa said.
DA also has condemned the move by Mkhwebane.
Image (Suspended PP Busisiwe Mkhwebane decision to return to work ‘misconceived’).
