All eyes are on the Public Protector South Africa’s office where suspended Advocate Busisiwe Mkhwebane says she will return to work because she says her suspension ended with the conclusion of the Section 194 Enquiry into her fitness to hold office.
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However, President Cyril Ramaphosa on Monday informed public protector, Advocate Mkhwebane, that she can not return to work as she remains suspended.
Advocate Mkhwebane said in a post on X that she intended to return to work this morning, Tuesday (5 September 2023), because she said her suspension was only for the duration of the section 194 inquiry into her fitness to hold office.
Advocate Mkhwebane said: “According to the section 194 proceedings/inquiry has now been finalised.
“Therefore and as a matter of courtesy and protocol, Advocate Mkhwebane has advised President Ramaphosa that she will be reporting back to work tomorrow morning on Tuesday, (5 September 2023).
Responding to the post on X, President Ramaphosa said her matter had not been concluded.
In his letter to Advocate Mkhwebane, President Ramaphosa said: “In the circumstances, you have no right or entitlement in law to return to office pending the decisions to which I refer…”
The President added: “In the circumstances, while I thank you for your courtesy in informing me of your intention, your interpretation of the Presidential Minute and my letter is wrong, and your intention to return to office is misconceived.
“Your letter states that you were advised on 24 August 2023 that the Committee had completed its part of the process, and that its report would be tabled in the National Assembly.\
“You waited until today to inform me of your intention to return to the office tomorrow. Such precipitate action is unjustified on any basis.”
Weighing in on the matter, the Public Protector South Africa (PPSA) said: “It has noted the media and public reports regarding the termination of suspended Public Protector, Advocate Busisiwe Mkhwebane’s suspension and intended return to office”.
The Public Protector is appointed to office by the President of the Republic of South Africa (the President).
“The Section 194 Committee Enquiry is a Parliamentary process, and the PPSA is not a party thereto,” said PPSA.