Mkhwebane launches a bid to halt impeachment, suspension
Public Protector, Busisiwe Mkhwebane has launched a two-part application in the Western Cape High Court in a bid to halt parliament's impeachment process against her.
Mkhwebane also wants the court to interdict President Cyril Ramaphosa from suspending her, and to declare a letter by National Assembly speaker Nosiviwe Mapisa-Nqakula instigating her suspension as unlawful.
This follows confirmation by Parliament some weeks ago that its Section 194 Committee has resolved to resume the impeachment proceedings against Mkhwebane.
Ramaphosa has since written a letter to Mkhwebane and given her 10 days to provide reasons why she should not be removed as head of the chapter 9 institution.
In an application submitted to the court on Friday, Mkhwebane asked the court to interdict both processes.
"Both the speaker and the president must be temporarily mandated to withdraw their respective letters which underlie the threatened suspension upon different legal grounds specifically relating to each. The president is interdicted from taking any steps in the pursuance of the threatened suspension process,” said Mkhwebane in court papers.
Mkhwebane argues that Ramaphosa is conflicted in suspending her.
"I am surprised that the president has decided to issue the letter himself, full knowing that he is disqualified due to conflict of interest in respect of various complaints against him which have been and /or are being investigated by me including but not limited to: the well-known BOSASA/CR17 scandal, the serious allegations of judicial capture, made by an organisation called the Anti-Poverty Forum,” argues Mkhwebane.
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