DA, ANC welcome apex court ruling on Mkhwebane suspension

President Cyril Ramaphosa suspended her in June 2022.

Mkhwebane's suspension came shortly after she sent Ramaphosa a list of questions about the theft of foreign currency at his Phala Phala farm in 2020, raising questions about the president’s motive for removing her from office.

On Thursday, the Constitutional Court  overturned the Western Cape High Court ruling from last September, which declared that Mkwebane's suspension was invalid and improper.

In a unanimous judgment penned by Deputy Chief Justice Mandisa Maya, the apex court said the mere fact that Mkhwebane was investigating the theft of foreign currency from Ramaphosa’s Phala Phala farm wasn't enough to conclude there was a conflict of interest.

The DA's  Glynnis Breytenbach said the Constitutional Court's decision would hopefully end Mkhwebane’s various legal challenges and instead see her cooperate with the inquiry into her fitness to hold office.

"The continued suspension of Mkhwebane will allow her to focus on her defence in Parliament and prevent reputational damage to the Office of the Public Protector while the inquiry is finalised.

“The DA urges her to cease engaging in litigation aimed at stalling the Section 194 inquiry proceedings and instead offer the Section 194 Committee her full support and cooperation in order for it to reach a timely conclusion.

“As her term in office concludes this October, the DA is looking forward to a robust selection process to appoint a new Public Protector," said Breytenbach.

At the same time, ANC spokesperson Mahlengi Bhengu-Motsiri said the judgment vindicated the president’s decision to suspend Mkhwebane.

"In these circumstances, the ANC calls upon all state organs to speedily move forward to bring stability to the Office of the Public Protector, an important constitutional organ in our democratic architecture.”

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