Article by: Emma Clayfield
BREAKING: South African President Cyril Ramaphosa, has this afternoon announced the suspension of Public Protector Busisiwe Mkhwebane.
Ramaphosa announced the suspension of Mkhwebane through an official statement postedon the Presidency|South Africa social media pages.
The statement which reads that the suspension takes effect as of 9 June 2022, goes on to detail the grounds in which the section of the constitution, which governs his decision to place the Public Protector on suspension entails.
“Section 194(3) (a) of the Constitution provides that the President may suspend the Public Protector (or any member of a Chapter 9 institution) “at any time after the start of proceedings by a committee of the National Assembly for [their] removal”.
According to the statement; Advocate Mkhwebane will remain suspended until the section 194 process in the National Assembly has been completed. President Ramaphosa has fulfilled his obligation to provide Advocate Mkhwebane a fair hearing by according her sufficient time and opportunity to make submissions.
The statement goes on to detail that; In considering each element of the Public Protector’s submissions carefully, the President has taken into account the nature of the Public Protector’s office and his own Constitutional obligations.
Section 2A (7) of the Public Protector Act states that whenever the Public Protector is, for any reason unable to perform the functions of his or her office, or while the appointment of a person to the office of Public Protector is pending.
Statement: “President Ramaphosa and Advocate Mkhwebane are both obligated to act in the best interest of the country, in compliance with the Constitution and mindful of the need to protect all Constitutional institutions”.