The Constitutional Court has found that President Cyril Ramaphosa had 'justifications for a precautionary suspension' of Public Protector Busisiwe Mkhwebane, as the ConCourt itself made 'gravely adverse credibility findings' against her.

The Constitutional Court has found against Public Protector Busisiwe Mkhwebane in a consolidated judgment on three cases involving her suspension. The court also slapped Mkhwebane with a personal costs order in relation to the case she brought before the court, meaning she will pay a portion of the overall court fees in her personal capacity.

The judgment emanates from cases heard in the Western Cape division of the High Court which were appealed against by President Cyril Ramaphosa, the Democratic Alliance and by Mkhwebane herself. The Speaker of Parliament was also cited in the initial case, along with the chairperson of the Section 194 committee, Richard Dyantyi, and all the political parties represented in the National Assembly.

Before handing down judgment, Deputy Chief Justice Mandisa Maya noted the complex background that led to the three cases coming before the court.

In February 2022, Parliament resolved to proceed with considering a motion to remove Mkhwebane by setting up a panel in terms of Section 194 of the Constitution. The process was previously halted by a legal challenge in which the ConCourt ruled that a leader of a Chapter 9 institution could have legal representation during impeachment proceedings in Parliament.

In March...