South Africa’s suspended Public Protector Advocate Busisiwe Mkhwebane has declared her intention to return to work on Tuesday, 5 September 2023.
Busisiwe Mkhwebane plans to report for duty on Tuesday, 5 September 2023
In her statement, posted on X (formerly Twitter), on Monday, Mkhwebane argued that the proceedings and inquiry into her fitness to hold office, as outlined in section 194 of the Constitution, have been finalised.
This assertion has raised eyebrows, as it is not in line with the current status of the inquiry.
She contended that the period of suspension defined in the Presidential Minute issued in terms of section 194(3)(a), read with section 101(1) of the Constitution, has expired.
As a result, she informed President Cyril Ramaphosa of her intention to resume her duties, citing courtesy and protocol.
“Therefore and as a matter of courtesy and protocol Advocate Mkhwebane has advised President Ramaphosa that she will be reporting back to work tomorrow morning on Tuesday 5 September 2023,” Mkhwebane’s statement read.
Mkhwebane’s decision comes just a week before Parliament’s programming committee is scheduled to vote on the report recommending her removal from office.
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To approve the report, Parliament will require a two-thirds majority.
This report follows a year-long inquiry by the Section 194 committee, which found Mkhwebane guilty of misconduct. The Economic Freedom Fighters (EFF) have already indicated their intention to challenge the report through judicial review.
At the time of her suspension, Mkhwebane stated that she was working on her legal strategy to challenge the inquiry’s report, signalling her determination to fight against her removal.
On the same day that Parliament will vote on the report, there will also be a vote on the appointment of the new Public Protector.
An ad hoc committee, led by Cyril Xaba, has recommended that acting Public Protector Kholeka Gcaleka assume the role of the next Public Protector.
However, this recommendation has been met with resistance from various parties, including the EFF, DA, Freedom Front Plus, and others, who have raised concerns about Gcaleka’s suitability for the position.
The African National Congress (ANC) and the Inkatha Freedom Party (IFP), which collectively account for over 60% of the required vote, have expressed their support for Gcaleka’s appointment.
This division among parties sets the stage for a contentious parliamentary session with significant implications for South African politics.