Harare — The Office of the Public Protector said that suspended public protector Busisiwe Mkhwebane is not an employee of the Chapter 9 institution, despite her plan to return to work, Times Live reports.

This comes after Mkhwebane said she would return to work on Tuesday, September 5.

Earlier, Mkhwebane said that even though the Section 194 investigation into her eligibility to hold office was completed, her opinion is that her suspension is invalid. The Public Protector's Office said that she is still suspended.

"The institution acknowledges the importance of the subject matter and hereby advises that the suspended public protector is not an employee of the PPSA [Public Protector South Africa]," said spokesperson Ndili Msoki.

Mkhwebane's statement defies the order by President Cyril Ramaphosa that she has "no right or entitlement in law to return to office" before the conclusion of the proceedings by the [parliamentary] committee formed in accordance with section 194 of the Constitution.

On September 11, the National Assembly will discuss the motion to remove Mkhwebane. Her dismissal requires a two-thirds majority, which will probably be obtained because the ANC, DA, IFP, FF Plus, and the African Christian Democratic Party are all in favor.

Ramaphosa will have to remove her from office if the proposal to do so is approved.

Mkhwebane faces charges of misconduct and incompetence, and in July, South Africa's parliament moved to list multiple candidates eligible to replace her as Public Protector.

The eight shortlisted candidates are: Advocate Kholeka Gcaleka, Advocate Oliver Josie, Magistrate Johannah Ledwaba, Muvhango Lukhaimane, Advocate Lynn Marais, Professor Boitumelo Mmusinyane, Advocate Tommy Ntsewa and Advocate Tseliso Thipanyane.