President Cyril Ramaphosa has given Public Protector Advocate Busisiwe Mkhwebane 10 days to provide him with reasons why he should not suspend her.
This follows confirmation from the Speaker of the National Assembly that the section 194 committee has 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.”
On Thursday, Mkwebane said she received the president’s letter after hearing of his intention to suspend her from the news reports the previous day.
“This afternoon the public protector received a letter from the president confirming the news reports and informing her that he is considering suspending her …,” said Oupa Segalwe, spokesperson for the public protector.
Segalwe said the president gave the public protector 10 working days to respond.
He said Mkhwebane “would like to assure stakeholders that she continues to discharge her powers and functions as envisaged in the constitution without fear, favour or prejudice and that ll 18 service points of her office remain fully operational”.
