Pretoria - Suspended Public Protector Busisiwe Mkhwebane has faced another defeat after the Western Cape High Court on Thursday dismissed her application to approach the Supreme Court of Appeal (SCA) concerning to her suspension.
Mkhwebane wanted to approach the SCA to overturn the High Court’s decision which ordered her not to return to office but wait for the ConCourt to make a ruling on her suspension.
After her suspension by President Cyril Ramaphosa, Mkhwebane approached the High Court to challenge the suspension, the court declared her suspension invalid and set aside it aside.
She was suspended days after she informed Ramaphosa about investigating him after she received a complaint from the ATM in line with the Executive Ethics Act in connection with the break-in at his Phala Phala farm and theft of foreign currencies two years ago.
The ruling on her suspension prompted Mkhwebane to lodge an urgent application wanting to be immediately reinstated to her position, however, the court dismissed her application saying that its order on her suspension was subject to confirmation by the ConCourt.
On October 25, she approached the same court saying it was unreasonable for her to wait for the ConCourt to decide on the matter.
Even though Mkhwebane’s matter will be heard by the ConCourt on November 24, her legal representative, advocate Dali Mpofu, said the ConCourt won’t deliver it’s judgement immediately, it can take months before judgment is delivered.
Mpofu argued that the SCA might come to a different conclusion.
In its Thursday ruling, the High Court said taking the matter to the SCA would be a waste of time and court resources.
The full bench dismissed Mkhwebane’s application and ordered Mkhwebane to pay most of the legal costs
IOL