The full bench of the Western Cape High Court on Friday declared invalid President Cyril Ramaphosa's suspension of public protector Busisiwe Mkhwebane, effective immediately.
The Western Cape High Court said President Cyril Ramaphosa's suspension of public protector Busisiwe Mkhwebane was tainted by bias of a disqualifying kind and, perhaps, an improper motive.The full bench of the Western Cape High Court on Friday declared invalid President Cyril Ramaphosa's suspension of public protector Busisiwe Mkhwebane, effective immediately.On June 8, she announced her decision to investigate the Phala Phala incident as she was enjoined in law to do.
In its judgment, the full bench said Ramaphosa received a letter from Mkhwebane about the Phala Phala investigation which required him to respond within 14 days from June 7. The court said the clock was ticking when Ramaphosa signed the suspension letter a day later. Mkhwebane’s case was that this would give rise to reasonable apprehension of bias on the part of the president, which disqualified him from personally exercising the suspension powers.
“In our view, the hurried nature of the suspension of in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and hence, unlawful.”“In our view, the president could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant.
South Africa Latest News, South Africa Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
High court sets aside Mkhwebane’s suspension by RamaphosaMkhwebane brought an application before court after being suspended in June
Read more »
Constitutional Court still to confirm ruling on Mkhwebane's suspension being lifted - SABC News - Breaking news, special reports, world, business, sport coverage of all South African current events. Africa's news leader.The Constitutional Court still needs to confirm the Western Cape High Court’s decision to set aside President Cyril Ramaphosa’s decision to suspend Busisiwe Mkhwebane as the Public Protector.
Read more »
WC High Court declares Ramaphosa’s suspension of Mkhwebane invalidBut according to section s172(2) of the Constitution, an order of constitutional invalidity against the president has no force unless it is confirmed by the Constitutional Court.
Read more »
High court finds Ramaphosa’s suspension of Mkhwebane unlawfulHigh court finds Ramaphosa’s suspension of Mkhwebane unlawful - There was a reasonable apprehension that the president was biased and his decision made in retaliation for her Phala Phala probe
Read more »
Presidency to ‘seek Constitution's guidance’ after court set aside PP suspensionThe Western Cape High Court said it was reasonable to regard Mkhwebane's suspension to have been triggered by her probe into the 2020 Phala Phala farm burglary.
Read more »
Ramaphosa’s suspension of Mkhwebane as PP was retaliatory & biased, court findsA full bench of the Western Cape High Court has set the suspension aside, saying it would be a reasonable perception that Ramaphosa was not of impartial mind when it came to Mkhwebane.
Read more »