- Busisiwe Mkhwebane gave Cyril Ramaphosa until 17:00 on Tuesday to revoke her suspension, else she would head to court.
- She presented a range of reasons why she believed the President's decision was unlawful and invalid.
- Ramaphosa, though, did not revoke the suspension.
President Cyril Ramaphosa did not budge with regard to the suspension of Public Protector Busisiwe Mkhwebane.
Mkhwebane had threatened court action if Ramaphosa did not revoke the suspension by close of business on Tuesday.
Ramaphosa suspended Mkhwebane last Thursday, a day after she announced that she was investigating the allegations levelled against him by Arthur Fraser.
It was also a day before the Western Cape High Court was due to deliver judgment on applications to interdict Ramaphosa from suspending her and Parliament from continuing with its impeachment proceedings.
On Monday, she responded with a strongly-worded letter to Ramaphosa.
Mkhwebane wrote that Ramaphosa's decision to suspend her was "decidedly unlawful and invalid".
She said Ramaphosa's decision was "calculated" and would "severely impede" her preparation for the impeachment inquiry.
She said Ramaphosa's view that he didn't have a conflict of interest was irrelevant, as the test for it was objective and not subjective.
"Your subjective views are, therefore, completely irrelevant," Mkhwebane wrote.
"I reject the speculative 'reason' that relates to the Public Protector purportedly 'immunising' herself or himself by initiating investigations against individuals she considers a threat to her."
She wrote:
She said Ramaphosa clearly didn't view the availability of people to perform the Office of the President's functions as a reason to suspend someone.
This is illustrated by him not stepping aside "due to much more serious allegations of criminal conduct levelled against [him], jn which there is seemingly more than prime facie evidence".
"Your argument in this regard is, therefore, inconsistent and unsustainable if it can only be applied to others, but not to you, with all due respect."
She also accused the President of acting in bad faith and in contempt of court by suspending her a day before a verdict was to be delivered.
"I hereby demand that you reverse your decision to suspend me and indicate that you have done so by no later than 17:00 on Tuesday, 14 June 2022, failing which I will be left with no option but to refer the matter to the appropriate court as a matter of urgency and without any further notice to you, to protect my constitutional and other rights, which have been violated as a result of your conduct in unlawfully suspending me."
Ramaphosa's spokesperson, Vincent Magwenya, tweeted on Tuesday evening: "President Ramaphosa has responded to Advocate Mkhwebane and stands by his decision as communicated before."
President Ramaphosa has responded to Advocate Mkhwebane and stands by his decision as communicated before.
— Vincent Magwenya ???? (@SpokespersonRSA) June 14, 2022
Last Friday, a full bench of the Western Cape High Court dismissed Mkhwebane's application for interdicts against Ramaphosa suspending her and Parliament continuing with its impeachment process against her.
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