High Court rules decision to suspend Mkhwebane invalid, but orders must be confirmed by ConCourt
The Western Cape High Court has ruled that President Cyril Ramaphosa’s decision to suspend Public Protector Busisiwe Mkhwebane, after she sent him questions about the Phala Phala break-in, was invalid and “improper”.
In a ruling delivered on Friday, the court found that “from the objective facts, the decision of [Mkhwebane] to investigate the president and to put 31 questions to him, prompted the president not to wait a day more and to immediately suspend her”.
“Clearly, when the events that unfolded between the 7-10 June 2022, discussed above, are objectively examined, it is irresistible to conclude that the decision of the president was improper."
In the immediate aftermath of the court’s ruling, which Mkhwebane’s advocate Dali Mpofu SC announced to the Section 194 committee investigating her fitness to hold office, lawyers for the Democratic Alliance wrote to the Public Protector’s attorneys to seek her assurance that she intended to approach the apex court for confirmation of the High Court ruling.
“To avoid any confusion, we draw your attention to section 172(2)(a) of the Constitution. It provides that: "(2)(a) The ... a High Court of South Africa ... may make an order concerning the constitutional validity of ... any conduct of the president, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court,” the DA’s lawyers stated.
“The High Court order therefore has no effect unless and until confirmed by the Constitutional Court."
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