Public Protector's suspension has been labelled as another delay tactic into the probe of the Phala Phala Farmgate saga. Busisiwe Mkhwebane was suspended in June and is currently attending a hearing, which will determine whether or not she is fit to hold office. Her suspension came after questions she sent to the president about the Farmgate scandal.
DELAY INTO PROBING PHALA PHALA
She claims that she is currently barred from accessing documents into her impeachment inquiry as well as investigations to the Farmgate robbery.
On Friday Mkhwebane approached the Western Cape High Court on a matter related to her impeachment proceedings. She also wants to be reinstated with immediate effect. Mkhwebane's legal representation, Advocate Dali Mpofu stated that the longer his client is out office, the more investigations into Phala Phala drag.
DISREGARD FOR THE CONSTITUTION
Her suspension comes when opposition parties have called for President Cyril Ramaphosa's impeachment in Parliament. It is said that Ramaphosa has disregarded section 9 (2a) and (2)of the Constitution by involving himself "in other paid work". His sudden decision to suspend the Public Protector is viewed as biased and retaliation.
DEPUTY INVOLVED
Acting Public Protector Kholeka Gcaleka says she in no way wants to oppose Mkhwebane's return to office. However her legal representative, Advocate Tim Bruinders, said it was important that the court checks facts before considering granting Mkhwebane her job back. Mkhwebane's legal representation has found Gcaleka's affidavit to be irrelevant. Mpofu said, "The acting Public Protector is conflicted because she will lose her acting position should Mkhwebane return." Gcaleka has since applied to intervene in the matter to submit true facts about the office of the Public Protector, claiming inaccuracies by Mkhwebane.