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President Cyril Ramaphosa has asked Public Protector, Adv Busisiwe Mkhwebane, to provide him with reasons as to why he should not suspend her in terms of Section 194(3)(a) of the Constitution.
The Presidency on Friday said this followed confirmation from the Speaker of the National Assembly that the Section 194 Committee had resolved to continue with its consideration of the motion for the removal of the Public Protector.
Section 194(3)(a) of the Constitution states that the President may “suspend a [Public Protector, Auditor-General or a member of a Commission established in terms of Chapter 9 of the Constitution] from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that person”.
In a letter to the Public Protector dated 17 March 2022, President Ramaphosa said that in light of the resolution of the Committee: “It would therefore now be appropriate to consider whether or not you ought to be suspended pending finalisation of the Committee’s work.
“I therefore hereby ask you to provide me with reasons why I should not exercise my powers in terms of Section 194(3)(a) of the Constitution, in writing, within 10 working days of the date of this letter.”
Meanwhile, the Public Protector's office says she is consulting her lawyers on the matter.
In a statement issued on Thursday, Advocate Mkhwebane said she first heard about her pending suspension from the media.
She says while she is not opposed to being held accountable, she will ensure the work of her office is not unduly or unlawfully disrupted.
