'I am still Public Protector' - Mkhwebane
Suspended Public Protector Busisiwe Mkhwebane says she remains the head of the Chapter 9 institution pending a parliamentary vote on her fate.
Mkhwebane addressed the media outside the PPSA offices in Pretoria on Tuesday.
Earlier, Mkhwebane wrote to President Cyril Ramaphosa to inform him of her intention to return to office on Tuesday.
Mkhwebane said she believes her suspension expired the moment the Section 194 process into her fitness to hold office was finalised.
Last month, the committee found Mkhwebane guilty of misconduct and incompetence.
A vote on her fate is expected to take place in the National Assembly on Monday.
"So the committee has been completed, and my attorneys have been withdrawn with the understanding by the public protector office and state attorney that the process is complete, hence I am saying I am coming to the office.
"The issue of suspension should not be used as punishment, you can be suspended as an employee, but even if the process is not complete, you can still come do the work while the process is still ongoing." she said
Two-thirds of the National Assembly must support the report for adoption before being sent to the president.
Meanwhile, President Ramaphosa has urged Mkhwebane to respect the constitutional process.
“It is therefore patently clear that the process initiated by the Committee is not completed (as your letter suggests) when the enquiry by the committee has been finalised. In the circumstances, you have no right or entitlement in law to return to office pending the decisions to which I refer above.
“In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived.
“Your letter states that you were advised on 24 August 2023 that the Committee had completed its part of the process and that its report would be tabled in the National Assembly. You waited until today to inform me of your intention to return to the office tomorrow (Tuesday). Such precipitate action is unjustified on any basis,” he said in a statement.
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