DA welcomes Constitutional Court’s upholding of Mkhwebane’s suspension

13 July 2023

The DA supports the Constitutional Court's decision to uphold the suspension of Public Protector Busisiwe Mkhwebane, who was suspended by President Cyril Ramaphosa in accordance with the Constitution.

The suspension is necessary to protect the Office of the Public Protector while the Committee for Section 194 Enquiry completes its investigation into Mkhwebane's potential removal.

The DA encourages Mkhwebane to stop pursuing legal action to delay the inquiry and instead cooperate with the Section 194 Committee.

The DA welcomes the Constitutional Court judgment upholding the suspension of Public Protector Busisiwe Mkhwebane, who was suspended by President Cyril Ramaphosa in terms of Section 194(3)(a) of the Constitution, in June last year.

The unanimous judgment confirms the DA’s view that the Western Cape High Court ruling that declared her suspension as invalid and set aside, was subject to confirmation by the Constitutional Court.

The Constitutional Court’s judgment, which sets aside the High Court ruling and upholds Mkhwebane’s suspension is welcomed by the DA, as this will protect the Office of the Public Protector while the Committee for Section 194 Enquiry concludes it work.

The Office of the Public Protector is a crucial Chapter 9 state institution, tasked with supporting and strengthening democracy. While an enquiry into her potential removal continues within Parliament, it is in the best interests of the institution and Mkhwebane herself that she remains on precautionary suspension until the Committee has finalised its work.

The continued suspension of Adv. Mkhwebane will allow her to focus upon her defence in Parliament, and prevent reputational damage to the Office of the Public Protector while the inquiry is finalised.

The DA urges Adv. Mkhwebane to cease engaging in litigation, aimed at stalling the Section 194 inquiry proceedings, and instead offer the Section 194 Committee her full support and cooperation in order for it to reach a timely conclusion.

As Mkwehbane’s term in office concludes this October, the DA is looking forward to a robust selection process to appoint a new Public Protector. The DA plans to support the appointment of a new Public Protector who embodies the qualities of honesty, integrity, ethical leadership and the possession of a strong legal background.

These qualities will be essential in ensuring that the Office of the Public Protector once more holds the respect of the South African public.

Issued by Glynnis Breytenbach, DA Shadow Minister of Justice and Constitutional Development, 13 July 2023