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WC High Court declares Mkhwebane’s suspension invalid

Advocate Busisiwe Mkhwebane

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Parliament says it has noted the Western Cape High Court ruling on Friday that President Cyril Ramaphosa's suspension of Public Protector Busisiwe Mkhwebane was invalid.

Mkhwebane approached the High Court in June to challenge her suspension from office, pending the outcome of the parliamentary process to determine her fitness to hold office.

Her suspension came after she sent Ramaphosa a list of questions about the theft of foreign currency at his Phala Phala game farm in 2020.

Parliamentary spokesperson, Moloto Mothapo says the Section 194 Committee which is conducting an inquiry into the Public Protector, Adv Busisiwe Mkhwebane's fitness to hold office is currently continuing with its meetings.

"Importantly, the court found that the Speaker, in writing the letter to the President informing him of the start of the process of the Section 194 Committee was factually correct and therefore not unlawful. Pertinently, the Speaker’s actions were in line with the principle of cooperative government", he said.

Mothapo says at the completion of its inquiry, the Committee is expected to present a report which must contain findings and recommendations to be considered by the National Assembly.

The High Court ruling will not have any effect on Mkhwebane's suspension until it is confirmed by the Constitutional Court.