By Lehlohonolo Lehana.
President Cyril Ramaphosa has confirmed that he has received representations from the Public Protector Busisiwe Mkhwebane and he was giving due consideration to submissions on why he should not suspend her in terms of Section 194(3)(a) of the Constitution.
This was after the section 194 committee in Parliament decided to go ahead with her impeachment after she lost her rescission application in the Constitutional Court.
Mkhwebane brought an interdict application to the Western Cape High Court to halt the impeachment process in parliament and to prevent her possible suspension by Ramaphosa.
Part A of the application was heard by the Western Cape High Court last week. In it, Mkhwebane seeks an interim relief interdicting Ramaphosa, Dyantyi and Mapisa-Nqakula from proceeding with the impeachment process and Ramaphosa from suspending her.
Judgment was reserved.
In part B of the application, Mkhwebane seeks an order declaring Mapisa-Nqakula’s decision to send a letter to Ramaphosa “unconstitutional” and “invalid”.
The legal advisers of Parliament said the application in the High Court has no bearing on the work of the section 194 committee.
The committee had then decided to continue with its work and its hearings are scheduled to start in July.
The report is expected to be completed in September.
Ramaphosa had asked Mkhwebane to give him reasons why he should not suspend her pending the outcome of the section 194 inquiry.
“The president made this request to the public protector in March following confirmation from the Speaker of the National Assembly that the section 194 committee had resolved to continue with its consideration of the motion for the removal of the public protector, ” presidency said.
“Mkhwebane however holds a strong view that Ramaphosa is precluded from playing any role in her suspension primarily because he is conflicted and that, in any event, the powers to suspend as envisaged in section 194(3)(a) of the Constitution will only be triggered after the start of the removal proceedings, which has not yet happened.”
She said Ramaphosa was conflicted because of the pending litigation relating to the Bosasa/CR17 bank statements matter and the multiple Public Protector investigations in which the president is implicated.
The Public Protector has complied with the agreed deadline of May 26 and the President will now give due consideration to the submission, presidency added.