Ramaphosa removes Mkhwebane from office

Mkhwebane published a letter on her social media account on Wednesday morning, in which Ramaphosa informed her that he has removed her as head of the Chapter 9 institution. 

Ramaphosa's letter comes after an overwhelming majority of MPs voted to adopt the report of the Section 194 Committee on Monday, which recommended her removal from office.

The committee found Mkhwebane guilty of misconduct and incompetence and made adverse findings of misconduct across a range of investigations, reports and her handling of subsequent litigation, as well as matters related to the expenditure of public funds.

Mkhwebane was suspended by President Cyril Ramaphosa last year - shortly after she started probing the president's Phala Phala matter.

In the letter signed by Ramaphosa and dated  12 September, the president quotes the related sections of the Constitution - giving him the power to remove the head of the Office of the Public Protector, after the finalisation of the necessary proceedings and requirements.

"In terms of Section 194(3)(b) of the Constitution, when the National Assembly adopts a Resolution for the removal of the Public Protector, the President "must" remove the Public Protector from the Office.

"I therefore hereby inform you that you are hereby removed from the Office of the Public Protector in terms of Section 194(3)(b) of the Constitution on the grounds of misconduct and incompetence," wrote Ramaphosa.

Mkhwebane hit back, saying she will challenge the decision in court and apply for the process to be reviewed.

She goes on to say she wishes South Africans could see the same efficiency in the fight to end load shedding.

"This injustice, sadly perpetrated on Steve Biko Day, will be legally challenged in review proceedings. The stone the builders rejected became the cornerstone. If I perish I perish," she wrote.

Mkhwebane has slammed the DA and ANC, accusing them of working together to ensure she doesn't receive her R10 million gratuity at the end of her term in October.

The EFF, which voted against the adoption of the report by the committee tasked to determine her fitness to hold office, vowed to take the report on review.

But legal experts believe challenging the report would be barking up the wrong tree.

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