DURBAN - Public Protector Busisiwe Mkhwebane has hit back at the DA after the party slammed President Cyril Ramaphosa’s decision not to suspend her pending the outcome of an urgent court application.
The war of words between the DA, Ramaphosa and Mkhwebane was sparked by the president’s agreement to Mkhwebane’s demand not to act after he had written to her, asking her to provide reasons why she should not be suspended from the chapter nine institution.
Ramaphosa’s letter, penned on March 17, came after Parliament had said early this month that it would go ahead with the impeachment of Mkhwebane after court processes were finalised. The motion for Mkhwebane’s impeachment was brought to Parliament by the DA.
Mkhwebane said that a letter from the DA asking Ramaphosa not to wait but to suspend her – before a court could rule on the urgent interdict intended to stop him from acting against her – was a sign of desperation.
“It shows that they will pull out all the stops to have me suspended and it further shows that they are in cahoots with some people in the National Assembly and National Prosecuting Authority. The president, through the state attorney, agreed to the process to be taken to court, especially his conflict issue.
“Furthermore, they now … agreed to the time frame of the court process to be the 26th of April. We are also waiting for the ad hoc committee to meet on March 29 and stop the process while waiting for the rescission outcome.”
Last week, Mkhwebane wrote a letter responding to Ramaphosa, saying that “irrespective of the grounds why the suspension would be illegal and inappropriate, Ramaphosa was not legally entitled or competent to take any steps, including the notice of suspension, in the pursuance of section 194(3)(a) of the Constitution”.
Among other reasons, she said, “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 (Mkhwebane) against or concerning allegations of breach of ethics or violations of the Constitution”.
“The conflict, however, arose from the mere fact that an investigation took place. It would be a fundamental mistake to adopt the view that the admitted conflict, whether actual or potential, simply disappeared or evaporated with the most recent finalisation of all related litigation. said Mkhwebane.
“Moreover, in any event, it is common cause that the president is also fingered in a few other current investigations involving equally serious and impeachable conduct,” said Mkhwebane
In response, Ramaphosa’s lawyers agreed that the matter be heard in court after Mkhwebane indicated that she would bring an urgent court application against the move to suspend her.
In a letter to Ramaphosa, the DA demanded Ramaphosa take “swift action” as there were “zero prospects” that a court would require the parliamentary committee to halt its work until the recession application was determined.
“The recession application is, in any event, entirely without merit. If the president insists on postponing his decision, it should be for a truly urgent application that should be heard next week or the week thereafter.
“There is absolutely no justification for the exorbitant delay advocate Mkhwebane has demanded and the president is entertaining,” the DA’s letter read.
Daily News