Mkhwebane’s fight to hang on to her job, continues in the ConCourt

mkhwebanes fight to hang on to her job continues in the concourt

JOHANNESBURG – Suspended Public Protector Busisiwe Mkhwebane’s fight to hang on to her job continues in the Constitutional Court on Thursday.

In June, President Cyril Ramaphosa suspended Mkhwebane.

READ: Mkhwebane dealt another blow in bid to return to office

This was against the backdrop of the impeachment proceedings she’s currently facing in Parliament.

But it also came just days after she had sent the President questions on the Phala Phala saga.

And in September, a full bench of the Western Cape High Court found that the suspension was “tainted by the bias of a disqualifying kind and perhaps an improper motive” and “the president could not bring an unbiased mind to bear as he was conflicted”. As a result, her suspension was declared invalid and set aside.

Both the president and the Democratic Alliance (DA) are appealing the ruling in the Constitutional Court, which will hear arguments on Thursday.

READ: Mkhwebane hit with more legal woe as sars report declared ‘unlawful & invalid’

The position of both Ramaphosa and the DA is that the high court’s order relates to the constitutionality of the conduct of the president.

As a result, they both maintain it must now be confirmed by the country’s apex court.

Mkhwebane doesn’t agree. But in her papers opposing their appeals, she’s also included a conditional application for confirmation – in case she’s wrong.

In addition, she’s instituted a cross-appeal in which she wants the Constitutional Court to overturn various findings the high court made that were not in her favour.

One of the most significant of these focuses on the legality of her impeachment hearing.

Further, she’s lodged an appeal against an order the high court handed down in October in which it dismissed an application from Mkhwebane to make its ruling on her suspension immediately enforceable.

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