Mkhwebane responded to Ramaphosa about her suspension 'under protest'

• Public Protector Busisiwe Mkhwebane said she provided the reasons President Cyril Ramaphosa shouldn't suspend her "under protest".
• The Presidency received her representations on Thursday, in which she argues Ramaphosa can't suspend her because he is conflicted and there is a legal process under way.
• Ramaphosa asked why he shouldn't suspend her after the Speaker informed him Parliament is continuing with impeaching Mkhwebane — a decision Mkhwebane argues is illegal.

Public Protector Advocate Busisiwe Mkhwebane responded to President Cyril Ramaphosa about why she shouldn't be suspended "under protest".

On Friday, the Presidency announced that Ramaphosa had received Mkhwebane's representations on why he shouldn't suspend her pending Parliament's impeachment proceedings against her.

Mkhwebane submitted her representations by Thursday's deadline.

Ramaphosa would now "give due consideration" to the submission, the Presidency said in a statement, without divulging the contents of Mkhwebane's representations.

The President's request for reasons why Mkhwebane shouldn't be suspended follows a letter from National Assembly Speaker Nosiviwe Mapisa-Nqakula informing him that the parliamentary impeachment process is under way.

Mkhwebane challenges the legality of the letter and the continuance of the process in court – the matter is still to be heard – and asked the Western Cape High Court for an interdict against her suspension and the continuance of the process – judgment is still reserved in this application.

In a statement in response to the Presidency, Public Protector spokesperson Oupa Segalwe said, "Advocate Mkhwebane's correspondence was, however, sent under protest. She reserves her rights in this regard."

Mkhwebane believes the letter will only be due after the court has decided on both parts of her application.

Segalwe said: 

"President Ramaphosa's conflict stems from the pending litigation relating to the Bosasa/CR17 bank statements matter and the multiple Public Protector investigations in which the President is heavily implicated. The President has previously conceded, under oath, in proceedings before the Western Cape High Court, that he is indeed conflicted. This was in respect of another Bosasa/CR17 court case.

"The very questions of conflict are at the heart of the pending decision of the Western Cape High Court in both Part A and B of Advocate Mkhwebane's application referred to above. She is of the view that any suspension before the finalisation of these processes would undermine the independence of the judiciary and amount to, or border, on the criminal offence of contempt of court."

In her court papers for the application for the interdicts, Mkhwebane mentioned the following investigations into Ramaphosa:

Advocate Karrisha Pillay, SC, on behalf of Ramaphosa, told the court that the first question the court would ask is whether the Public Protector had made a case that there was a conflict between Ramaphosa's personal interests and his official responsibilities as the President.

"My submission is, on all four [of] those instances, contrary to what the Public Protector says, I will demonstrate to the court that there is no clash between official duties versus personal private interests," she said.  

Meanwhile, unless Mkwhebane's interdict succeeds, Parliament will start its impeachment hearings on 11 July.

Four days have been set aside for Mkhwebane's appearance before the committee - from 26 to 29 July.

The impeachment process is expected to conclude by the end of September.

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