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July 13, 2023

Another blow for Busisiwe Mkhwebane as ConCourt finds her suspension valid

The court found that there was no bias when Ramaphosa suspended Busisiwe Mkhwebane

The Constitutional Court has ruled that President Cyril Ramaphosa had reasonable grounds to suspend Public Protector Busisiwe Mkhwebane. In September last year, the Western Cape High Court ruled that President Cyril Ramaphosa's decision was unlawful.

Ramaphosa approached the apex court after the Western Cape High Court's order declaring Mkhwebane's suspension by the president invalid. Mkhwebane was looking to charge Ramaphosa over the Phala Phala farm gate saga.


NOTHING PERSONAL


The judgment was handed down by Deputy Chief Justice Mandisa Maya who reminded the court that the probe into the Phala Phala farm gate continued even in Mkhwebane's absence. Meaning that her suspension by the president had nothing to do with her investigations into the Farmgate saga. The Judge said Mkhwebane's suspension came at the right time as it allowed her to focus on Parliament's impeachment inquiry. The Judge said Ramaphosa had no influence or power to rogue Phala Phala investigations or who would replace Mkhwebane.


SEARCH FOR NEW PUBLIC PROTECTOR


With Mkhwebane's tenure as PP ending in four months, Parliament's Ad Hoc Committee is searching for a new candidate. The committee said it had received 53 nominations and 17 applications for the position. Chairperson, Cyril Xaba, said a total of 32 applications were disqualified during the initial sifting process for non-compliance with the nomination requirements. "The committee wishes to emphasise that it is the nomination which is invalid due to non-compliance and its decision to set it aside won't reflect on the nominee concerned,' he said. The Ad Hoc Committee to Nominate a Person for Appointment as Public Protector would publish the redacted CVs of the 38 names of candidates on its website for public comment. Xaba said the public would have until 21 July to give input on the candidates that include a shortlist expected to be completed by 26 July. Acting Public Protector, Kholeka Gcaleka is

among the candidates to be the new PP.

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