The removal of Advocate Busisiwe Mkhwebane from her role as the public protector is not without its share of controversy, particularly due to the timing surrounding her initial suspension. President Cyril Ramaphosa’s decision to suspend her coincided closely with the theft of millions in foreign currency from his Phala Phala farm, an incident which positioned him directly under Mkhwebane’s scrutiny.
Mkhwebane has announced plans to challenge her removal, terming it as an ‘injustice.’ On Wednesday, she took to social media to share a letter from Ramaphosa, penned the previous day, which endorsed her ouster.
“This injustice will be legally challenged in review proceedings,” she stated.
In the letter, Ramaphosa detailed how he had informed Mkhwebane of her suspension on June 9 last year, awaiting the conclusion of an inquiry by a section 194 committee of the National Assembly. The committee’s report deemed Mkhwebane as having “misconducted” herself and being “incompetent.”
Earlier this week, the National Assembly passed a resolution to remove Mkhwebane from office. A significant 318 MPs (or 79.5% of the total) voted in support of this recommendation.
Highlighting the constitution’s stipulations, Ramaphosa’s letter stated, “when the National Assembly adopts a resolution for the removal of the public protector, the president ‘must’ remove the public protector from office.”
Ramaphosa finalized his communication by notifying Mkhwebane of her official removal due to “misconduct and incompetence”, attaching a copy of the President Act to document his decision.