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Busisiwe Mkhwebane applies for leave to appeal ruling preventing her from returning to work

Mkhwebane insists she is entitled to interim relief until the Constitutional Court makes a decision on the matter.

Doctor Mahlaule by Doctor Mahlaule
2022-10-13 12:25
in News
Image from Twitter: @ThothyT

Busiswe Mkwebane launches an urgent application in an attempt to have her suspension overturned. Photo via Twitter: @ThothyT

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Suspended Public Protector Busisiwe Mkhwebane will ask the Western Cape High Court for leave to appeal to the Supreme Court of Appeal (SCA) the ruling that prevents her from returning to work.

She wants to be allowed to approach the Supreme Court of Appeal to have her suspension from President Cyril Ramaphosa set aside.

On Tuesday, Judges Lister Nuku, Matthew Francis and James Lekhuleni handed down judgement, which confirmed that the Constitutional Court must first confirm their order to overturn Mkhwebane’s suspension before it comes into effect.

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Mkhwebane, however, has since filed an urgent notice of application for leave to appeal with the Western Cape High Court.

“The applicant intends to apply to this Honourable Court as soon as possible or as soon as the matter may be enrolled by the Registrar, for a leave to appeal to the Supreme Court of Appeal [SCA] against the whole of the judgement and order of the full court handed down on 11 October 2022,” her court papers read.

The suspended Public Protector insists that she is entitled to interim relief until the Constitutional Court makes a decision on the matter.

Mkhwebane said a full bench of three judges made errors in fact and in law by refusing her temporary relief that would reinstate her to her job.

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She contends that while the original judgement is still pending the appeal by the presidency and the Democratic Alliance (DA), she should be allowed to return to work.

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Mkhwebane said it is not in the interest of justice for her to remain out of work.

The same three Judges last month ruled that the president had acted with bias when he suspended Mkhwebane.

The judges questioned the timing of the suspension by the president after he found out that she would be investigating the Phala Phala farm theft matter.

Source: News24, Eyewitness News, The Citizen, image from Twitter: @ThothyT

Tags: Public Protector
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Doctor Mahlaule

Doctor Mahlaule

Doctor Mahlaule previously worked as a Freelance Journalist at Find-it SA where he was responsible for writing news articles and sharing them on social media platforms. Doctor Mahlaule holds a Diploma in Journalism, BA in Communication Science and a BA Honours in Media Studies. Doctor began his journey as a knowledge Management and Communications Intern at Zenex Foundation. He was responsible for support in event management, social media, website maintenance, writing and brand management. On weekends Doctor attends prison ministry and shares the scriptures with inmates at Krugersdorp prison and plays soccer in the afternoon on some weekends. He has a passion for reading and writing and enjoys going out with friends and socialising in his spare time. He has a one-year-old son and is planning on getting married soon. When asked about what keeps him going, he said: “My family keeps me going. I’m the man I am because I come from a loving home. I have a very supportive family who always encourages me to keep pushing hard.”

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