In dismissing the High Court’s finding, deputy chief justice Mandisa Maya stressed that the president derived no benefit from suspending Mkhwebane
The president’s decision to suspend public protector Busisiwe Mkhwebane was rational and not retaliation for her office’s Phala Phala investigation. This was the unanimous finding by the Constitutional Court on Thursday morning, which confirmed there was justifiable basis to temporarily suspending her, given the “grave public concern” arising from the ongoing 194 enquiry into her fitness to hold office.
In 2022, President Cyril Ramaphosa suspended Mkhwebane from office, pending the outcome of the 194 enquiry. When he finally made his decision, it was merely coincidental that it occurred shortly after her office had sent him questions about the Phala Phala matter, said the Constitutional Court. Mkhwebane challenged the suspension in the Western Cape High Court. The full court of the Western Cape found the suspension unlawful due to perceptions of bias. The DA and president challenged that finding in the Constitutional Court.
In dismissing the Western Cape High Court’s finding, deputy chief justice Mandisa Maya stressed that the president derived no benefit from suspending her, since the Phala Phala investigation was ongoing, was handled by the public protector’s office as a whole and would not be stopped just because Mkhwebane was suspended.
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