South Africa’s Public Protector Busisiwe Mkhwebane returns to the Western Cape High Court on Tuesday, in an ongoing battle to return to the office.
Following her victory in the same court last month, which found her suspension by the president invalid and improper, the full bench later confirmed the judgement was not of immediate effect.
Mkhwebane wants to approach the Supreme Court to appeal this ruling, saying it’s not in the interest of justice.
This is Mkhwebane’s third attempt to return to office. She disagrees with a ruling two weeks ago, that the lifting of her suspension is subject to confirmation by the Constitutional Court, because it involves a decision taken by the president.
The Constitutional Court is set to hear the matter in a month’s time. But Mkhwebane will argue on Tuesday that by not granting her temporary relief, the bench made errors of fact and law.
She says this is particularly so, considering the gross illegalities that accompanied Ramaphosa’s decision to suspend her.
In September, the same bench found the president had acted with bias and in retaliation when he suspended her in June.
While the Presidency and the DA oppose the application, the ATM, UDM and PAC will all be backing the Public Protector’s application for leave to appeal to a higher court.
