Acting Public Protector Kholeka Gcaleka indicated that the Office of the Public Protector will withdraw suspended Busisiwe Mkhwebane’s applications to reverse her suspension and stop Parliament’s impeachment proceedings against her.
This brings an end to the legal battled of the suspended Public Protector to halt the impeachment proceedings against her, unless if she decides to approach the court on her own without the backing of the Chapter 9 institution.
On Wednesday, Deputy Public Protector Kholeka Gcaleka, who is acting in the position of Mkhwebane, withdrew the Public Protector’s application looking to reverse her suspension. Gcaleka wrote to the respondents to inform the about her decision.
The reason behind the withdrwal was due to Mkhwebane’s lawyers not being authorised by Gcaleka as the acting Public Protector.
In a letter to the registrar of the high court on Wednesday, Gcaleka said: “Please take note that the Seanago Attorneys were not authorised, instructed or briefed by me as the acting public protector or the acting CEO of the public protector as the accounting officer, to deliver the aforesaid application for leave to appeal nor the notice of amendment to Part B to the notice of motion.”
On Monday. Mkhwebane’s attorney’s, Seanago, filed an application for leave to appeal the judgement from the Western Cape High Court that refused to grant her an interim “Part A” interdict or halt the impeachment proceedings against Mkhwebane and reverse her suspension by President Cyril Ramaphosa.
After losing that application Mkhwebane sought to have “Part B” to set aside the dismissal of her challenge to have the impeachment proceedings halted and to challenge her suspension. She amended her court papers in this part of the case. This was scheduled for July 25 and 26.
Gcaleka said that if Mkhwebane decided to pursue the applications in her own personal capacity, the public protector would “abide by the decision of the court”.
“We humbly apologise for any inconvenience to the court and the respondents caused by the aforementioned applications,” said the letter.