Ignore the criminal RET/EFF cabal’s celebrations; Busisiwe Mkhwebane is still suspended and will never return to her position as Public Protector. One of President Cyril Ramaphosa’s staunchest supporters made this statement after today’s announcement about Public Protector Busisiwe Mkhwebane’s suspension. The suspension of Busisiwe Mkhwebane by President Cyril Ramaphosa was ruled null and void by the Western Cape High Court on Friday. However, a presidential order declaring constitutional invalidity is meaningless unless it is upheld by the Constitutional Court, per clause s172(2) of the Constitution. The Section 194 Inquiry was notified on Friday by Dali Mpofu, Mkhwebane’s attorney.

It’s possible that Goolam is correct. Unless and until ConCourt gives its approval, no Mkhwebane can return to work. An order from the High Court regarding the legality of the President’s actions is not binding until it is upheld by the Constitutional Court, per section 172(2) of the Constitution.

On Friday, Advocate Dali Mpofu requested a recess of the committee, explaining that the committee had just received word from the Western Cape that Advocate Busi Mkhwebane’s suspension had been overturned. President Cyril Ramaphosa suspended Public Protector Busisiwe Mkhwebane after she emailed him with concerns concerning the Phala Phala break-in, but the Western Cape High Court has decided that this was an illegal and unlawful action. “in our view, the hasty nature of the suspension of (Mkhwebane) in the circumstances, notwithstanding that a judgment of the full court was looming on the same subject matter, leads this court to an ineluctable conclusion that the suspension may have been retaliatory and hence, unlawful,” the court said.

Meanwhile, the EFF is pleased with the Western Cape High Court’s ruling that the Public Protector’s suspension of Advocate Busisiwe Mkhwebane was unconstitutional. “The criminal Ramaphosa has failed in his attempts to dodge accountability and has been found as an individual who exploits power to pursue his own interests,” the EFF said in a media statement. The party believes that Mkhwebane should be reinstated so that she can focus on completing and distributing the Phalaphala report. The announcement was made on the same day that the EFF and other opposition parties had marched to the office of the Public Protector to demand the release of the report.

Meanwhile, Public Protector Adv. Busisiwe Mkhwebane has led her office to a perfect audit score for the third year running. She makes history as the first Public Protector to accomplish this feat.