South Africa’s Western Cape High Court on Friday dismissed suspended Public Protector Busisiwe Mkhwebane’s application to stop President Cyril Ramaphosa from suspending her before next month’s impeachment hearings in parliament.
In addition, the court also dismissed her application for an interim interdict to halt the pending impeachment proceedings against her in the House.
The ruling comes hours after Ramaphosa suspended Mkhwebane to face the impeachment hearings in parliament which start on 11 July.
Judge Nathan Erasmus said the judgment was based on the facts before the court at the time the case was heard. However, the balance of convenience did not favour her, the judge said.
“The longer Advocate Mkhwebane occupies the office of the applicant while facing serious charges, the more public faith in this office is eroded,” Erasmus said.
The court said it had been asked to consider an application that sought “to prevent organs of state from exercising powers specifically assigned to them by the constitution”.
Courts could only “tread deep into the heartland” of the executive and the legislature in very clear cases. This case was “by no means” one of these, the judge said.
Erasmus said the public protector was, in terms of the constitution, accountable to parliament.
Mkhwebane was suspended by Ramaphosa on Thursday following recommendations by parliament in March that she was not fit to hold the office of ombudsman in the wake of a series of controversial reports by her office.
NM/jn/APA