President Cyril Ramaphosa has implemented section 194(3)(a) of the constitution and suspended Public Protector Busisiwe Mkhwebane with immediate effect. The presidency said on Thursday Mkhwebane would reman suspended until an impeachment process set to take place in parliament on 11 July is concluded.
In a statement, his office said: “President Cyril Ramaphosa has, in accordance with section 194 (3)(a) of the Constitution of the Republic of South Africa, decided to suspend Advocate Busisiwe Mkhwebane from the office of the public protector effective 9 June 2022.
“Section 194(3)(a) of the Constitution provides that the president may suspend the public protector (or any member of a Chapter 9 institution) ‘at any time after the start of proceedings by a committee of the National Assembly for [their] removal’. Advocate Mkhwebane will remain suspended until the section 194 process in the National Assembly has been completed.”
Mkhwebane’s non-renewable term was set to end in October 2023 and she had vowed that she would serve her full term as the Public Protector. After news broke out of her immediate suspension, she immediately tweeted: “Exodus 14:14 The lord will fight for you, and you shall hold your peace and remain at rest.”
On Thursday, the President said Mkhwebane would remain suspended until the Section 194 process is concluded. Ramaphosa said he had taken into account the nature of the Public Protector’s office and his own constitutional obligations before making this decision.
“Section2A (7) of the Public Protector Act states that whenever the Public Protector is for any reason unable to perform the function of his or her office, or while the appointment of a person to the office of Public Protector is pending, the Deputy Public Protector shall perform such functions.”
Mkhwebane’s suspension would not impede “the progress of any investigations that are pending or underway”.
Source: Eyewitness News, Daily Maverick, IOL, Times Live, image from Daily Maverick: Maja Hitij/ Getty Images
