Cape Town - The Constitutional Court has overturned a Western Cape High Court ruling that declared Public Protector Busisiwe Mkhwebane’s suspension by President Cyril Ramaphosa invalid.
The suspension followed Parliament’s decision to institute section 194 or impeachment proceedings against Mkhwebane.
In June last year, Ramaphosa suspended Mkhwebane a day after she announced an investigation into the president’s conduct regarding the Phala Phala farm scandal.
Mkhwebane then approached the Western Cape High Court, challenging her suspension with the court ruling in her favour, only to reverse its ruling and dismiss her bid to be immediately reinstated in her position.
It was this judgment that was before the Concourt.
Mkhwebane applied to the high court for an order declaring the conduct of the Speaker, the president and the section 194 inquiry irrational, unconstitutional and invalid.
The appeals against the high court ruling were brought by the president and the DA.
Judge Mandisa Maya who wrote the unanimous judgment said: “This court held that there was a rational reason for the precautionary suspension of the public protector.
“In coming to that conclusion, this court considered the independent panel report by Justice (Bess) Nkabinde, which found that there was prima facie evidence of incompetence on her part.
“This was also based on numerous judicial assertions where her capacity to hold office as a public protector was brought under scrutiny.”
She said Ramaphosa had nothing to gain by suspending Mkhwebane because an investigation into matters related to his Phala Phala farm continued in her absence.
Reacting to the judgment, the president’s spokesperson Vincent Magwenya said: “The judgment affirms the fact that the president acted within the rule of law. It also affirms the president’s adherence to due process and fairness.
“In short, we welcome the decision as it confirms that at all times the president endeavours to act within the precepts of the law and the fairness that is required.”
Mkhwebane responded to the news via a Twitter post on her account, accompanied by photographs of her with her legal team, including senior counsel Dali Mpofu posing in front of a portrait of US human rights activist Malcolm X.
Mkhwebane wrote: “As expected, the Concourt did not ‘disappoint’. RIP Hon Tina Joemat-Pettersson #ByAnyMeansNecessary by Malcom X.”
Mkhwebane was referring to a recording purported to be by the late
MP in which she said: “The courts are with Ramaphosa … ”
Last month, Mkhwebane said the Concourt ruling on her suspension by President Cyril Ramaphosa would be irrelevant and only be useful for academic purposes as it had taken too long to be released.
DA justice and constitutional development spokesperson Glynnis Breytenbach also welcomed the apex court’s decision.
She said: “The DA encourages Mkhwebane to stop pursuing legal action to delay the inquiry and instead co-operate with the Section 194 Committee.”
A statement from the Speaker Nosiviwe Mapisa-Nqakula said: “Parliament remains committed to upholding its constitutional responsibilities and ensuring a fair and transparent process in accordance with the law in the course of discharging its oversight responsibilities.”
mwangi.githahu@inl.co.za