Cape Town - Parliament has welcomed the Western Cape High Court’s dismissal of an application for urgent interim relief by suspended Public Protector Busisiwe Mkhwebane against her impeachment.
Mkhwebane had also sought an interdict against President Cyril Ramaphosa from suspending her from office, but Ramaphosa announced her immediate suspension on Thursday – the day after Mkhwebane announced her office would be investigating the theft of a large amount of foreign currency from his Limpopo game farm.
In a statement Parliament said the Section 194 impeachment process was the ultimate accountability ensuring mechanism for all office-bearers.
Parliament spokesperson, Moloto Mothapo, in a statement said the application by Mkhwebane follows a Constitutional Court decision giving the green light to the committee on its Section 194 inquiry – established to consider the motion for her removal.
“The committee had resumed its work following the Constitutional Court judgment, which held that Parliament may proceed with the inquiry, provided it made provision for the public protector’s legal practitioner or other expert assisting her.
“The court further found that the inclusion of a judge in the panel of experts did not offend the doctrine of the separation of powers… Her basis for the interdict and review application is that the Constitutional Court is yet to decide on the matter of her second rescission application.
“In our view, the full bench of the high court is correct that Mkhwebane’s argument that the rescission application suspends the launching of the inquiry is not sound, as a rescission application has no legal effect on the underlying order or else it would erode the rule of law. We agree with the court that held that the application fell overwhelmingly short of the requirements of interdictory relief, because she has not shown even a prima facie right that should prevent the committee from continuing with the impeachment process,” said Mothapo.
Mkhwebane’s counsel had argued, among others, that she would suffer “irreparable harm” if the inquiry was not stayed but the court disagreed.
In the judgment, high court judges Nathan Erasmus, Mokgoatji Dolamo and Derek Wille said: “Turning now to the issue of irreparable harm. Again, in our view, this is not sufficiently identified by the applicant. Mkhwebane availed herself to be chosen to occupy this position and, with this high position goes the requirement to subject herself to a lawful and constitutional process. This, in our view, cannot possibly be seen as harm, let alone irreparable harm…”
In a statement the Presidency confirmed that Mkhwebane was suspended in terms of Section 2A (7) of the Public Protector Act, which states that whenever the public protector is, for any reason, unable to perform the functions of his or her office or while the appointment of a person to the Office of the Public Protector is pending, the deputy public protector shall perform such functions.
Cape Times