Court sets aside Commissioner Mbuyiselo Botha's suspension
A high court has lifted the suspension of Commission for Gender Equality commissioner Mbuyiselo Botha.
According to a Johannesburg High Court judgment dated February 15, Judge Jabulani Dlamini ordered that Botha’s suspension was unlawful, unconstitutional, invalid and void. “He testified that the respondents [the commission and commissioners] made a finding that the applicant [Botha] had made certain utterances, that the applicant is suspended, that the report be shared with the Speaker and further that disciplinary proceedings be instituted against the applicant,” the judgment read.
In reply, the commission argued that Ramaphosa’s power to suspend Botha should be read and interpreted in light of its historical context and purpose.* That provision was not meant to frustrate its obligation to protect the constitutional rights of its fellow commissioners and staff from harmful acts of another; and
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