SUSPENDED Public Protector (PP) Advocate Busisiwe Mkhwebane wants to force her way into the PP’s office.
In her statement she posted on X (formerly Twitter) on Monday, 4 September, Mkhwebane said she intends to return to work on Tuesday, 5 September.
She argued that the proceedings and inquiry into her fitness to hold office, as outlined in Section 194 of the Constitution, have been finalised. She said the period of her suspension defined in the Presidential Minute issued in terms of Section 194(3)(a) of the Constitution has expired.
“Therefore, and as a matter of courtesy and protocol Advocate Mkhwebane has advised President Ramaphosa that she will be reporting back to work tomorrow morning (today) Tuesday morning, 5 September 2023,” read the statement.
Mkhwebane’s decision comes just a week before Parliament’s programming committee is scheduled to vote on the report recommending her removal from office.
But according to acting Public Protector South Africa (PPSA) spokesman the Ndili Msoki, Mkhwebane’s suspension remains effective.
Msoki advised that the Public Protector is not an employee of PPSA.
“The Public Protector is appointed to office by the president of South Africa. The Section 194 Committee enquiry is a Parliamentary process and the PPSA is not a party thereto. Accordingly, in the absence of communication emanating from the president, Advocate Mkhwebane’s suspension remains effective,” he said.
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Meanwhile, President Cyril Ramaphosa has lashed out at Mkhwebane’s attempt to return to work, stating that she has no right or entitlement in law to return to office pending the decisions by the National Assemblly into her fitness to hold office.
In a lengthy letter directed to her, Ramaphosa said: “While I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived.
“Your letter states that you were advised on 24 August 2023 that the committee had completed its part of the process, and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to office tomorrow.
“Such precipitate action is unjustified on any basis. I do not answer all of the remaining allegations in your letter, and my failure to do so should not be understood as indicating that I agree with them. I do not.”
