The Constitutional Court will on Thursday deliver judgment on whether the Western Cape High Court’s order declaring the suspension of the Public Protector, Advocate Busisiwe Mkhwebane invalid is subject to confirmation in terms of section 172 of the Constitution.
This comes after Mkhwebane claimed victory after she challenged her suspension from the Chapter 9 institution in the Western Cape High Court in September, last year.
The court set aside President Cyril Ramaphosa’s suspension of Mkhwebane. It said it could reasonably have been seen as retaliation against her decision to investigate the theft at Ramaphosa’s Phala Phala farm in Limpopo.
A High Court order, however, that rules the conduct of the President as constitutionally invalid must be confirmed by the Constitutional Court of South Africa.
Following the Western Cape High Court Judgment, the Democratic Alliance (DA), joined by the President, filed an application for leave to appeal to the apex court.
The opposition party believes that the Western Cape High Court judgment was incorrect and instead should have been dismissed by the court.
The judgment, which will be delivered on Thursday, comes just months before Mkhwebane’s term of office ends on 14 October.
Meanwhile, analysts say the Section 194 committee has made it clear it will no longer tolerate delaying tactics from the suspended Public Protector
The inquiry into Mkhwebane’s fitness to hold office is likely to finish its draft report before the 28th of July. This comes after she missed several deadlines set by the committee under its revised programme.
Chairperson Qubudile Dyantyi says the inquiry is set to finish earlier, than the dates it set in June.
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