The Constitutional Court (ConCourt) on Thursday is hearing arguments about the legality of President Cyril Ramaphosa’s decision to suspend Public Protector Busisiwe Mkhwebane.
Ramaphosa suspended Mkhwebane with immediate effect in June until the impeachment process into her fitness to hold office in Parliament is concluded.
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The suspension came a day after Mkhwebane announced she would investigate an Executive Members Ethics Act complaint against Ramaphosa over the robbery at his Phala Phala game farm in Limpopo two years ago.
The suspended public protector approached the Western Cape High Court challenging her suspension from office, which resulted in the high court in September ruling in her favour.
The high court found that Ramaphosa’s decision to suspend her was unlawful and invalid, but the ruling had to be confirmed by the ConCourt.
The court ruled that “the decision of [Mkhwebane] to investigate the president and to put 31 questions to him, prompted the president not to wait a day more and to immediately suspend her”.
“Clearly, when the events that unfolded between the 7-10 June 2022 are objectively examined, it is irresistible to conclude that the decision of the president was improper.”
The ConCourt on Thursday will hear applications from Ramaphosa and the Democratic Alliance (DA) to appeal the high court’s decision declaring Mkhwebane’s suspension invalid.
Mkhwebane, on the other hand, wants the apex court to confirm her suspension was unlawful.
In October, the full bench of the high court dismissed Mkhwebane’s urgent bid for immediate reinstatement to her position.
WATCH LIVE: ConCourt hears case over Mkhwebane’s suspension
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