Tshwarelo Hunter Mogakane
Pretoria - The African Transformation Movement (ATM) has decided to join Public Protector advocate Busisiwe Mkhwebane in her application to have the Western Cape High Court’s ruling to set aside her suspension put into immediate effect.
ATM national spokesperson Sibusiso Mncwabe said the party took the decision after learning that President Cyril Ramaphosa and Deputy Public Protector Advocate Kholeka Gcaleka had joined the DA’s court bid to keep her suspension in effect.
“It is now clear that there is a collective effort on the part of the DA, Ramaphosa and the deputy public protector to do anything to shield Ramaphosa from accountability over the Phala Phala scandal. The ATM is therefore instructing its lawyers to file court papers to fight this unholy alliance.
“The evident incompetence of the deputy public protector is further borne out by the fact that despite the complaint by ATM lodged on the June 3, 2022, which was solely based on the Arthur Fraser affidavit, Gcaleka only met Fraser for the first time on the September 8, nearly 100 days later.
“Given that the Western Cape High Court in its September 9 judgment was clear that Gcaleka does not have the locus standi and thus should not pretend to be the public protector, why is she persisting?" Mncwabe asked.
Four things have happened since the Western Cape High Court ruling was handed down on Friday.
The DA filed an application for leave to appeal the ruling in the Constitutional Court.
Mkhwebane’s attorneys also filed an application that sought to grant her an order to be allowed to go back to work after her suspension three months ago. The State attorney representing Ramaphosa followed with a letter to the Western Cape High Court, informing it of its intention to challenge the court’s ruling against Mkhwebane’s suspension.
“We are in the process of preparing an application for leave to appeal to the Constitutional Court… against the order of the full court. We further hold instructions to oppose Mkhwebane’s urgent application,” wrote the State attorney.
Attorneys representing the Office of the Public Protector on behalf of Gcaleka also petitioned the court to give them time to file responding affidavits. “Kindly be advised that we represent the Office of the Public Protector and are instructed in this matter by the current acting public protector,” wrote Salijee Govender Van der Merwe attorneys.
Office of the Public Protector spokesperson Oupa Segalwe failed to respond to questions on Monday.
Public sentiment has grown over the setting aside of Mkhwebane’s suspension. The ruling by Judges Lister Nuku, Matthew Francis and Dumisani Lekhuleni of the Western Cape High Court characterised Ramaphosa’s suspension of Mkhwebane as “retaliatory, unlawful, tainted, irrational and invalid”.
Mkhwebane was suspended on June 9, a day after she announced that she had instituted an investigation into the president’s Phala Phala scandal to see if he had declared his animal selling “proceeds” made over two years ago. The probe followed a formal request from ATM president Vuyo Zungula, asking her to investigate whether Ramaphosa had violated the Executive Members’ Ethics Act.
Pretoria News