Mkhwebane launches urgent court bid seeking immediate implementation of high court order

Suspended public protector Busisiwe Mkhwebane has launched another court bid in an attempt to be allowed to return to her office with immediate effect, despite pending appeals. 

On Saturday, Mkhwebane launched an urgent application in terms of section 18 of the Superior Courts Act for the immediate implementation of a court order declaring her suspension invalid and clearing the way for her to return to work.

In her papers, Mkhwebane argues she’s suffering irreparable harm while she remains suspended.

“I have already been on suspension for more than three months as we speak. The amount of time which it may take to have the appeal the heard would effectively make any subsequent victory hollow,” she said in her papers.

Mkhwebane argued her reputation and dignity continue to suffer while she is on suspension.

“Nothing can repair the further damage which will be caused if this application is not granted,” she said.

“The harm will not only be confined to me as a person but to my family members, loved ones but more importantly, the administration of justice and the public which I’m employed to protect.”

She said her suspension also has inevitable destabilisation and delays caused not only to the so-called Phala Phala investigation but general work of the public protector would be quite serious and clearly irreversible.

Mkhwebane's latest court bid follows a series of events that occurred in the past 24 hours. 

On Friday, the Western Cape High Court declared President Cyril Ramaphosa's suspension of Mkhwebane invalid, saying it “may have been retaliatory and hence unlawful”, opening the way for Mkhwebane to return to her office.

Shortly after the judgment was handed down, Mkhwebane stated she would be returning to her office on Saturday to resume her duties.

This was however changed when the DA’s attorneys wrote to Mkhwebane’s attorneys to say this order “has no effect unless and until confirmed by the Constitutional Court”. The party also launched an appeal against the high court judgment. 

Mkhwebane’s plans to return to office were also blocked by the acting public protector, Kholeka Gcaleka, who wrote a letter to Mkhwebane informing her they have received legal advice that her suspension remains effective because an appeal to the Constitutional Court suspends the high court order.

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