President Cyril Ramaphosa says he is aware of Friday’s Western Cape High Court ruling against him, and will seek guidance from the Constitution on a way forward.
The Western Cape High Court ruled that the decision by Ramaphosa to suspend Public Protector Busisiwe Mkhwebane is invalid.
Mkhwebane has been fighting her suspension in the courts. She was suspended in June and Parliament is currently holding hearings into her fitness to hold office.
She was suspended by Ramaphosa a day after she announced that she would be investigating him for crimes committed in relation to Phala Phala Farm robbery that took place in February 2020.
“In our view, the hurried nature of the suspension of the applicant in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and, hence, unlawful,” reads the court judgment.
“It was certainly tainted by bias of a disqualifying kind and perhaps an improper motive. In our view, the President could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant.”
PRESIDENCY’S RESPONSE TO WC HIGH COURT DECISION ON ADV. MKHWEBANE
The Presidency has noted the ruling handed down by the Western Cape High Court this afternoon, 09 September 2022, stating that President @CyrilRamaphosa’s decision to suspend Adv. Busisiwe Mkhwebane is invalid.— Presidency | South Africa ???????? (@PresidencyZA) September 9, 2022
Responding to the judgment on Friday evening, the Presidency said it had ‘’noted the ruling handed down by the Western Cape High Court this afternoon, 09 September 2022, stating that President Ramaphosa’s decision to suspend Busisiwe Mkhwebane is invalid,’’ the Presidency said.
Meanwhile, the Economic Freedom Fighters (EFF) said that the party welcomed the judgment.
“The court rightfully and logically found that the ongoing suspension of the Public Protector, was triggered by her decision to investigate Cyril Ramaphosa, exposing him as a tyrant who misuses his Presidential prerogative to hide his corruption and criminality.”
“The court scathingly found that the suspension of Mkhwebane, which came a day after she began investigating him, was premised on bias, improper motive and a conflict of interest,” said the EFF
EFF Welcomes Judgment By The Western Cape High Court Declaring Public Protector Advocate Busisiwe Mkhwebane’s Suspension Invalid pic.twitter.com/RJRBLNpnXL— Economic Freedom Fighters (@EFFSouthAfrica) September 9, 2022
EFF leader Julius Malema, who was speaking at a gathering in Pretoria during march to the Public Protector’s office on Friday, along with other political parties demanded that Acting Public Protector Kholeka Gcaleka release the investigation report.
“Since [Gcaleka] took over as Acting Public Protector she says we are intimidating and bullying [but] we have not done anything to you my sister. We are asking you to do an honourable thing and release the report,” he said.
“Instead of releasing the report after 30 days as stated by the law, you come and say to us I’m not ready to release the report. The law doesn’t say after 30 days come and tell us the status of the report… it says release the report.”
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