Court declared suspension of PP by President Ramaphosa invalid and unlawful

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Just after three months of being suspended, the High Court in the Western Cape has found that the suspension of the Public Protector (PP) by President Matamela Ramaphosa was invalid.

The full bench of the Western Cape High Court declared suspension of PP Busisiwe Mkhwebane, invalid effective immediately.

Mkhwebane had been served with immediate suspension on June 9 by the President, a day after announcing her intention to initiate an investigation into alleged robbery in the President’s farm Phala Phala.

The Court said that in their view the President was just retaliating to the letter served by the PP on the Phala Phala issue which she requested him to reply within 14 days.

“In our view, the hurried nature of the suspension of (Mkhwebane) in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and hence, unlawful.”

“In our view, the president could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant” said the Court.

The suspension also comes at a time when Mkhwebane is facing an inquiry in Parliament into her fitness to hold office.