The Western Cape High Court has ruled that the decision by the President to suspend Public Protector Adv Busisiwe Mkhwebane is INVALID. A big win for Adv Mkhwebane.
In the immediate aftermath of the court’s ruling, which Mkhwebane’s advocate Dali Mpofu SC announced to the Section 194 committee investigating her fitness to hold office, lawyers for the Democratic Alliance wrote to the Public Protector’s attorneys to seek her assurance that she intended to approach the apex court for confirmation of the High Court ruling.
“To avoid any confusion, we draw your attention to section 172(2)(a) of the Constitution. It provides that: “(2)(a) The … a High Court of South Africa … may make an order concerning the constitutional validity of … any conduct of the president, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court,” the DA’s lawyers stated.
“The High Court order therefore has no effect unless and until confirmed by the Constitutional Court.”
EFF Welcomes Judgment By The Western Cape High Court Declaring Public Protector Advocate Busisiwe Mkhwebane’s Suspension Invalid.
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