Accountability Now: Ramaphosa within his rights to suspend Mkhwebane

Ramaphosa wrote a letter to Mkhwebane in which he gives her 10 days to provide reasons why she should not be removed as head of the chapter 9 institution.

This follows confirmation by Parliament on Wednesday that its Section 194 Committee has resolved to resume the impeachment proceedings against Mkhwebane.

Accountability Now director Paul Hoffman says the president is entitled to suspend Mkhwebane.

“The president is entitled, under Section 194 of the constitution, to suspend her once the proceedings in Parliament have commenced. They commenced some time ago; they have been held up by litigation and the litigation is now history except for a completely unfounded rescission application.

“And the president is simply giving her an opportunity to put her side of the story before he makes a decision whether or not to suspend her. So he is trying to be fair to her, she knows that. He doesn't have to be fair to her in terms of the constitution, he just has to exercise his decision in a rational and reasonable way.

“So the fact that the letter may or may not have made its way to the Office of the Public Protector is neither here nor there. It doesn't make any difference. She knows about it now and it shouldn't take more than a day or two for her to realise that she should resign because she is not a fit and proper person to be as public protector.”

Hoffman believes Mkhwebane is looking to buy time.

“She is one of those litigates who seeks to appeal or review or delay, duck and dive to the nth degree and she will continue to do that in an effort to string out the process against her until her term of office expires in October next year.

“I am afraid she is really running out of runway and is loath to face the reality that sooner or later, she is going to be impeached. To avoid the pain and suffering she should simply accept that she is suspended now and take her chances with the parliamentary process.”

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