LISTEN | ‘I am still the public protector’: But Mkhwebane’s attempt to return to work fails

Suspended public protector Busisiwe Mkhwebane’s plans to return to work on Tuesday did not materialise.

Mkhwebane arrived outside the public protector’s office in the company of her husband.

She did not enter the premises, saying this was because her protection unit has been temporarily suspended. She claimed that if anything happened, police would not protect her.

According to her, the protection withdrawal was only for today. 

“I didn’t want to compromise them, I didn’t want to instruct them because their generals were supposed to call me and arrange with me and say this is the process,” she said.

Mkhwebane had on Monday announced that she intended to head back to work after the parliamentary section 194 inquiry finalised its work. It recommended last month that she be removed from office after it found her to be incompetent and that she displayed misconduct in some of her investigations. A vote on whether to remove her is scheduled for September 11 in the National Assembly.

According to Mkhwebane, her suspension was only effective during the parliamentary inquiry.

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“The section 194 inquiry has been finalised. The period of suspension defined in the presidential minute issued in terms of section 194(3)(a) read with section 101(1) of the constitution has expired. Therefore, and as a matter of courtesy and protocol, advocate Mkhwebane has advised President Cyril Ramaphosa that she will be reporting back to work,” the statement read.

Her interpretation clashes with the PP’s office, which said she remains suspended until Ramaphosa advises otherwise.

Mkhwebane argues that the president’s letter said the suspension was until the finalisation of the National Assembly process but the minutes stipulate the inquiry.

“I wrote a letter to the president yesterday, informing him that I am coming back to the office because the presidential minute was very clear that I am suspended pending the completion of the inquiry. So I was saying to the president, the inquiry is complete and I am returning back to the office,” she said.

Mkhwebane said her announcement that she was returning to work came after deliberating with her lawyers.

She declined to comment on the nomination of her deputy Kholeka Gcaleka as a candidate to replace her, saying it’s for the public to decide.

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