By Lehlohonolo Lehana.
Public Protector Busisiwe Mkhwebane is urging President Cyril Ramaphosa to step away from efforts to remove her from office.
Mkhwebane responded to the President through a letter from her lawyers.
Last week, Ramaphosa wrote to Mkhwebane to ask her to explain why he should not suspend her in terms of the constitution.
Mkhwebane’s lawyers wrote that they had been instructed to send the president “this urgent response in the form of a preliminary objection based on your actual, potential or reasonably perceived conflict of interest”.
The letter continued: “Irrespective of the numerous grounds why the suspension would be illegal and inappropriate on the merits, which will be dealt with in a separate response, the president is not legally entitled or competent to take any steps, including the said letter, in the pursuance of Section 194(3)(a) of the Constitution.
“The reason is that the president is personally, heavily and multiply conflicted in this matter due to various investigations which have recently been or are presently being investigated by her against or concerning allegations of breach of ethics and/or violations of the Constitution.”
The lawyers also said that, in any event, Ramaphosa has been fingered in a number of other current investigations involving “equally serious and impeachable conduct”.
The letter lists the “well-known utterances of the president about the misuse of public funds by ANC politicians and allegations of collusion between the president and the Minister of Justice in their joint pursuit of judicial capture”.
Mkhwebane’s legal representatives further claim that Ramaphosa’s letter “is clearly unlawful and unconstitutional”.
The lawyers wrote: It must be withdrawn forthwith. It may not be implemented. At this stage, we are instructed to demand, as we hereby do, that the president must completely step away from this process.
Mkhwebane threatened to take urgent court action if Ramaphosa failed to respond on Wednesday.
“We are further instructed to demand that you furnish us with the undertaking that no suspension will be implemented before the hearing and finalisation of the envisaged urgent application.
Read the Full Letter Below: