President Cyril Ramaphosa has asked Public Protector Adv Busisiwe Mkhwebane to provide him with reasons why he should not suspend her in terms of Section 194(3)(a) of the Constitution.
This follows confirmation from the Speaker of the National Assembly that the Section 194 Committee has resolved to continue with its consideration of the motion for the removal of the Public Protector.
In a letter to the Public Protector dated 17 March 2022, President Ramaphosa says that in light of the resolution of the Committee:
“It would therefore now be appropriate to consider whether or not you ought to be suspended pending finalisation of the Committee’s work.
“I therefore hereby ask you to provide me with reasons why I should not exercise my powers in terms of Section 194(3)(a) of the Constitution, in writing, within 10 working days of the date of this letter.”
In March 2021, the National Assembly voted in an overwhelming majority to establish a parliamentary inquiry into Mkhwebane’s fitness to hold office.
Three experienced legal experts – Justice Bess Nkabinde, advocate Dumisa Ntsebeza SC and advocate Johan de Waal SC – had compiled a damning report which found a prima facie case for Parliament to institute removal proceedings against Mkhwebane.
Sources: The Presidency and SAPeople