In a letter dated September 9, which TimesLIVE has seen, acting public protector Kholeka Gcaleka told Mkhwebane her suspension remains effective.
Gcaleka said their attorneys advised that an appeal to the Constitutional Court suspends the high court order.
“Your earlier WhatsApp communication to arrange for access to the premises of the Public Protector South Africa (PPSA) has reference. Accordingly, the advice received is the high court order is not presently operative and your suspension from the position of public protector remains effective,” Gcaleka said in the letter.
She added the office of the public protector remains committed to funding Mkhwebane's challenge of her suspension and requested that her attorneys advise the CEO as soon as possible of any further legal services that may be required.
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Your suspension remains effective: office of public protector to Busisiwe Mkhwebane
Image: Tebogo Letsie
Suspended public protector Busisiwe Mkhwebane cannot return to office yet.
This is the message the public protector's office sent to Mkhwebane, who on Friday said she would be returning to her office as early as Saturday.
Mkhwebane made the statement shortly after a full bench of the Western Cape High Court on Friday declared her suspension by President Cyril Ramaphosa invalid with immediate effect.
Shortly after the judgment was handed down, the DA applied to appeal against the ruling.
Ramaphosa’s decision to suspend Mkhwebane tainted by bias: high court
In a letter dated September 9, which TimesLIVE has seen, acting public protector Kholeka Gcaleka told Mkhwebane her suspension remains effective.
Gcaleka said their attorneys advised that an appeal to the Constitutional Court suspends the high court order.
“Your earlier WhatsApp communication to arrange for access to the premises of the Public Protector South Africa (PPSA) has reference. Accordingly, the advice received is the high court order is not presently operative and your suspension from the position of public protector remains effective,” Gcaleka said in the letter.
She added the office of the public protector remains committed to funding Mkhwebane's challenge of her suspension and requested that her attorneys advise the CEO as soon as possible of any further legal services that may be required.
TimesLIVE
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READ MORE:
Public protector’s office paying Mkhwebane’s legal fees, Gcaleka says
High court sets aside Mkhwebane's suspension by Ramaphosa
Opposition parties and a few ANC members protest over public protector’s Phala Phala report
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