By Lehlohonolo Lehana.
President Cyril Ramaphosa will be opposing Public Protector Busisiwe Mkhwebane’s urgent application to ensure that the Western Cape High Court order invalidating her suspension comes into effect.
This follows Friday’s judgment in which a full bench ruled that his decision to suspend her a day after she sent him questions about the Phala-Phala break-in was invalid and improper.
Ramaphosa is the first respondent in the matter, alongside the National Assembly Speaker, the chairperson of the Section 194 Committee and all political parties represented in the national assembly.
On Saturday, Mkhwebane launched an urgent application in terms of section 18 of the Superior Courts Act for the immediate implementation of a court order declaring her suspension invalid and clearing the way for her to return to work.
In her papers, Mkhwebane argues she’s suffering irreparable harm while she remains suspended.
“I have already been on suspension for more than three months as we speak. The amount of time which it may take to have the appeal the heard would effectively make any subsequent victory hollow, “she said in her papers.
Mkhwebane argued her reputation and dignity continue to suffer while she is on suspension.
“Nothing can repair the further damage which will be caused if this application is not granted,” she said.
She said her suspension also has inevitable destabilisation and delays caused not only to the so-called Phala Phala investigation but general work of the public protector would be quite serious and clearly irreversible.
It has also emerged that the acting Public Protector Kholeka Gcaleka met with former spy boss Arthur Fraser and his legal team yesterday over the Phala Phala investigation.
Meanwhile the DA has argued that Friday’s order by the high court in Cape Town to invalidate Mkhwebane’s suspension by Ramaphosa was wrong and has no force or effect until confirmed by the Constitutional Court.
The party said it will seek leave to appeal directly to the Constitutional Court against the high court’s decision to allow Mkhwebane to return to office.