A showdown is expected in office of public protector as Mkhwebane threatens to return, but Gcaleka refuses

Acting Public Protector Kholeka Gcaleka has shot down claims by Busisiwe Mkhwebane that she is supposed to return to office on Tuesday after the parliamentary inquiry concluded its work.

Mkhwebane said on Monday she was going back to work on Tuesday because the process in parliament had been concluded.

She wrote to President Cyril Ramaphosa, who suspended her last year June pending the outcome of the inquiry, that she will go back to work.

But Gcaleka said Mkhwebane was not entitled to return to office because there is no communication from Ramaphosa indicating this.

Acting spokesperson in the Office of the Public Protector Ndili Msoki said they noted the statement by Mkhwebane that she was returning to the office on Tuesday.

“The institution acknowledges the importance of the subject matter and thereby advises that the public protector is not an employee of (public protector South Africa). The public protector is appointed to office by the President of the Republic of South Africa,” said Msoki.

“The section 194 committee inquiry is a parliamentary process, and the PPSA is not a party thereto. Accordingly, in the absence of communication emanating from the president, advocate Mkhwebane’s suspension remains effective.”

Mkhwebane’s term was due to end on October 14. The section 194 committee completed its work a few weeks ago, it has sent its report to the National Assembly.

Members of the National Assembly will vote on her removal on September 11.

On the same day the National Assembly will vote on the appointment of Gcaleka as the next public protector for a non-renewable seven year term.

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