EFF slams Constitutional Court ruling on Mkwebane

Published Jul 14, 2023

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The EFF have slammed this week's ruling by the Constitutional Court on the suspension of Public Protector Busisiwe Mkhwebane.

This follows the court overturning a previous high court ruling that declared Mkhwebane’s suspension invalid.

In a judgement handed down by the deputy chief justice on Thursday, Justice Mandisa Maya stated that there was no evidence of conflict of interest or personal gain on President Cyril Ramaphosa’s part.

Maya said Mkhwebane’s suspension was a precautionary measure to allow the acting Public Protector to continue ongoing investigations.

The ruling seems to suggest that no foul play could emanate from the suspension, as Mkhwebane continues to receive her salary and has ample time to prepare her defence during the Section 194 inquiry.

However, the EFF has slammed this, saying it was an extreme contravention of last year's Western Cape High Court ruling which ruled that Ramaphosa’s suspension of Mkhwebane was retaliatory in nature.

The party, through spokesperson Sinawo Thambo, said Mkhwebane's suspension was and is a direct response to Mkhwebane’s investigation into President Cyril Ramaphosa, which exposed alleged corruption and abuse of power.

“This is in contradiction to the Western Cape court’s earlier decision that the suspension was justifiably prompted by her investigation into President Cyril Ramaphosa, which exposed alleged corruption and abuse of power.

“The court had also determined that Mkhwebane’s suspension took place a day after she initiated a investigation into President Ramaphosa, leading to concerns of potential conflicts of interest,” Thambo said on Thursday.

He said the EFF believed that under Ramaphosa’s leadership, there is an alarming lack of accountability and transparency.

The party also claims that no law enforcement agency or accountability-seeking entity, including the judiciary, can freely investigate the president’s alleged wrongdoings.

Thambo said the latest ruling has highlighted the ongoing tensions between the EFF and President Ramaphosa’s administration.

“Despite compelling evidence of criminal activity on the farm and the subsequent investigation, neither the SAPS, the South African Reserve Bank, nor the National Prosecuting Authority have been able to hold him accountable.

“Additionally, it has become clear that President Ramaphosa intentionally appointed advocate Gcaleka as a replacement for Mkhwebane, leading to the release of a questionable report that absurdly absolves him of any conflict of interest.

“This stands in contrast to the findings of the Section 89 Independent Panel, headed by former Chief Justice Sandile Ngcobo, which presented compelling and logical arguments supporting the belief that Cyril Ramaphosa violated the South African Constitution in relation to the crimes associated with Phala Phala Farm,” Thambo added.