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Suspended Public Protector, Advocate Busisiwe Mkhwebane, has suffered another legal blow.
The Constitutional Court unanimously concluded that there was a rational reason for her precautionary suspension by President Cyril Ramaphosa.
This, after Ramaphosa and the Democratic Alliance, challenged the findings of the Western Cape High Court last October that declared the President's decision to suspend the Public Protector to be invalid.
Thursday’s ruling came after President Ramaphosa and the Democratic Alliance challenged the findings of the Western Cape High Court last October that declared the President's decision to suspend the Public Protector to be invalid.
In the judgment penned by Deputy Chief Justice, Mandisa Maya, the Constitutional Court said it had also considered an Independent Panel report which found prima facie evidence of incompetence on the part of the Public Protector.
A post-judgment summary suggested that the judgment was also based on numerous judicial assertions where Mkhwebane's capacity to hold office as a Public Protector was brought under scrutiny.
"This Court upheld the DA and the President’s appeals and dismissed the conditional application for confirmation of the High Court orders."
"The Court also set aside the orders of the Full Court of the Part B Judgment. The Court further dismissed the Public Protector’s cross-appeals and her section 18 application for leave to appeal, which it found was an entirely unnecessary and anticipatory proceeding for which our court procedures make no provision."
