Suspended public protector advocate Busisiwe Mkhwebane says the Constitutional Court did not “disappoint” in its ruling on Thursday that her suspension by President Cyril Ramaphosa was lawful.
“A decision to suspend the public protector was, on the merits, the only possible rational outcome. At any rate, it cannot be said that the president’s decision to suspend her was irrational, even if there were other rational courses open to him,” the court judgment read.
Reacting to the judgment, Mkhwebane said “as expected the ConCourt did not ‘disappoint’.”
A day before the judgment was handed down, Mkhwebane complained the judgment was delayed as the matter was heard last November.
“This judgment will have to be sent to law students as part of research on 'justice delayed, is justice denied'. The DA and president told the ConCourt that I must not touch the Phala Phala investigation, so that DPP can conduct it, that has now been achieved and congratulations to them,” Mkhwebane said on social media.
Some opposition parties, including the EFF and ATM, have rejected the judgment.
ATM spokesperson Zama Ntshona said: “While we are not surprised by this judgment, given the history of unfair and bizarre judgments whenever advocate Busisiwe Mkhwebane appears before the apex court, we firmly believe that this judgment does not reflect the principles of justice and impartiality.”
Ntshona said they still believed Ramaphosa’s decision to suspend Mkhwebane was “retaliatory” after she sent questions to him on the Phala Phala scandal.
Meanwhile the ANC welcomed the judgment saying it “vindicated” Ramaphosa.
“The ANC has followed these developments and feels vindicated that the president acted in an impartial and beyond-reproach manner when suspending the public protector.
“In these circumstances, the ANC calls upon all state organs to speedily move forward to bring stability to the office of the public protector, an important constitutional organ in our democratic architecture,” the ANC said in a statement.
Here are other reactions to the judgment:
The EFF Rejects Nonsensical Constitutional Court Ruling on Former Public Protector’s Suspension.
— Economic Freedom Fighters (@EFFSouthAfrica) July 13, 2023
-The EFF has consistently emphasised that under President Ramaphosa's leadership, no law enforcement agency or accountability-seeking entity can freely investigate Phala Phala. This… pic.twitter.com/4CTXyYDGNq
[MUST READ]
— African Transformation Movement (@ATMovement_SA) July 13, 2023
The African Transformation Movement unequivocally rejects the Judgement handed down by the @ConCourtSA regarding the Busisiwe Mkhwebane matter.#VoteATM2024 pic.twitter.com/6gMri96YRM
As though your rejection will reverse the judgement? It stands as such. Activism and emotional law would not have compelled the court not to interpret what the real law says, no matter of blackmail would have swayed the justices to rule otherwise. Rest it, you lost!
— T (@Thokza2) July 13, 2023
Law is Law. Congratulations on standing on the side of the constitution regardless of the many accusations.
— Velile Mbenene (@VMbenene) July 14, 2023
As expected the Concourt did not ‘disappoint’.
— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) July 13, 2023
RIP Hon. Tina Joemat-Pettersson #ByAnyMeansNecessary by Malcom X pic.twitter.com/LsFUsm21e5
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