Gcaleka withdraws litigation over Mkhwebane's suspension and impeachment proceedings

The acting public protector has withdrawn the case in the Western Cape High Court seeking to put a halt to impeachment proceedings against suspended public protector Busisiwe Mkhwebane and set aside her suspension by President Cyril Ramaphosa.

A notice of withdrawal was filed in court on Thursday: “Kindly take notice that applicant herewith withdraws the above application under the above-mentioned case number.”

The withdrawal followed a letter to the registrar of the court by acting public protector Kholeka Gcaleka on Wednesday saying the litigation was not authorised by her office.

In the letter Gcaleka said: “Please take note that the Seanago Attorneys Inc were not authorised, instructed or briefed by me as the acting public protector or the 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.

“In the circumstances we intend delivering notices of withdrawal of the aforesaid application for leave to appeal as well the notice of motion on behalf of the PPSA [public protector].”

If Mkhwebane decided to pursue the applications in her personal capacity, the public protector would “abide by the decision of the court”, she said.

Questions to Seanago Attorneys about whether Mkhwebane would be litigating in her personal capacity had not been answered by the time of publication. This story will be updated should answers be received.

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