In a recent turn of events, Busisiwe Mkhwebane, the suspended Public Protector, announced her intention to return to office, asserting that her suspension is no longer valid. This decision was based on her interpretation of President Cyril Ramaphosa’s suspension letter dated 9 June 2022. Mkhwebane believes that since the section 194 proceedings/inquiry has been finalized, the period of her suspension, as defined in the presidential minute, has expired.
However, President Ramaphosa has a different perspective. In a letter to Mkhwebane dated 4 September, he clarified that she had no legal right or entitlement to return to office. He emphasized that while the section 194 committee, which investigated Mkhwebane’s fitness to hold office, had adopted its report, the proceedings initiated by the committee are not yet finalized. The final decision rests with the National Assembly, which will vote on 11 September on whether Mkhwebane should be removed from her position. A two-thirds majority is required for her removal, and with parties like the ANC, DA, IFP, FF Plus, and the African Christian Democratic Party in support, the motion is likely to pass.
The charges against Mkhwebane are significant, stemming from four of her most politically charged investigations, including the SA Reserve Bank-CIEX matter, the Vrede dairy project scam, the SA Revenue Service (SARS) investigating unit, and the CR17-Bosasa matter. The committee, after a thorough review, recommended her removal based on her conduct during these investigations.
Mkhwebane, known for her litigious nature, has indicated her intention to review the committee’s report. She had planned to use funding from the Office of the Public Protector for her defense against the impeachment proceedings. However, this funding was withdrawn. It’s worth noting that the Office of the Public Protector has already spent around R30 million on Mkhwebane’s legal representation during the proceedings.
As the situation stands, the Office of the Public Protector has acknowledged Mkhwebane’s intention to return but has stated that without communication from President Ramaphosa, her suspension remains in effect. With Mkhwebane’s term ending on 14 October, the coming weeks are crucial in determining the future of the Public Protector’s office and its leadership.
