ConCourt to decide whether Mkhwebane’s suspension is invalid
The Constitutional Court will have the final say on whether Public Protector advocate Busisiwe Mkhwebane’s suspension was invalid.
The apex court will have to confirm a ruling of the Western Cape High Court that the suspension of Mkhwebane by President Cyril Ramaphosa was invalid.
Ramaphosa suspended Mkhwebane in June after she confirmed that she would investigate him for allegedly breaching the executive code of ethics.
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A complaint was laid against Ramaphosa over alleged criminal activities at his Limpopo farm following a 2020 robbery.
“The Presidency will seek guidance from the Constitution on the next steps,” read a statement released by the Presidency on Friday evening.
Section 172(2)(a) of the Constitution states that should a High Court or the Supreme Court of Appeal make an order concerning the constitutional validity of any conduct of the President, such order is not enforceable unless confirmed by the Constitutional Court.