By Lehlohonolo Lehana.
President Cyril Ramaphosa has written to embattled Public Protector Busisiwe Mkhwebane, asking her to provide reasons why he should not suspend her.
In a statement late on Thursday, Mkhwebane said she received the letter from the president informing her that Parliament had decided to continue its impeachment process against her.
“This afternoon (Thursday, 17 March 2022), the Public Protector received a letter from the President confirming the news reports and informing her that he is considering suspending her in terms of section 194(3)(a). The letter further invites the Public Protector to, within 10 working days, provide reasons why the President should not take such a step,” she said.
“In addition, the public protector wishes to assure stakeholders that while she is not averse to being held to account, she will always seek to ensure that the work of the office of the public protector is not unduly and unlawfully disrupted.
“Contrary to the prevailing narrative, all she has ever asked is a fair section 194 process. To that end she will be consulting with her legal team first thing tomorrow morning (Friday) to map the way forward.”
National Assembly Speaker Nosiviwe Mapisa-Nqakula informed Ramaphosa that Parliament was continuing with Mkhwebane’s impeachment proceedings, opening the way for Ramaphosa to suspend her.
Last month, the Constitutional Court effectively gave the Section 194 Committee, which handles the proceedings, the green light to continue with the impeachment as long as Mkhwebane will be allowed legal representation.
The Constitution gives Ramaphosa the power to suspend Mkhwebane while the impeachment process is under way.
He has previously indicated he would not do this while he was involved in litigation against Mkhwebane, as it would be a conflict of interest.
However, that litigation ended last week when the Constitutional Court unanimously dismissed Mkhwebane’s rescission application in the CR17 case.