Busisiwe Mkhwebane back in court over illegal suspension

Public Protector Busisiwe Mkhwebane will be back in the Western Cape High Court on Tuesday, in an ongoing battle to return to her desk.

While scoring a victory in the same court last month, which found her suspension by the president invalid and improper, the full bench later confirmed the judgment was not of immediate effect.

Mkhwebane wants to approach the Supreme Court to appeal this ruling, saying it’s not in the interest of justice.

Busisiwe Mkhwebane will be making a third attempt to return to office.

She disagrees with a ruling two weeks ago, that the lifting of her suspension is subject to confirmation by the Constitutional Court, because it involves a decision taken by the president.

The Constitutional Court is set to hear the matter in a month’s time.

But Mkhwebane will argue on Tuesday that the bench made errors of fact and law, in not granting her temporary relief.

She says this is particularly so, given the gross illegalities that accompanied Ramaphosa’s decision to suspend her.

In September, the same bench found the president had acted with bias and in retaliation, when he suspended her in June.

The ATM, UDM, and PAC will all be backing the Public Protector’s application for leave to appeal to a higher court.

The Presidency and the DA on the other hand, will oppose the application.