Public Protector: DA to appeal Western Cape High Court judgment

Issued by Solly Malatsi MP – DA National Spokesperson
13 Sep 2022 in News

Please find attached a soundbite by Solly Malatsi MP.

The DA has filed an application for leave to appeal to the Constitutional Court. This follows the decision by the Western Cape High Court on 9 September, declaring the President’s decision to suspend the Public Protector, Adv Busisiwe Mkhwebane as unlawful and invalid.

The DA believes that this judgment was incorrect and instead should have been dismissed by the Court.

The DA further believes that the High Court order is subject to confirmation by the Constitutional Court under sections 167(5) and 172(2) of the Constitution. This is due to the High Court order being one which declares the conduct of the President to be unconstitutional and unlawful.

As a result, the High Court order has no effect until it is confirmed by the Constitutional Court.

Even if the High Court order is not subject to confirmation by the Constitutional Court (which the DA disagrees with), the High Court order is suspended by the DA’s application for leave to appeal.

This means that the Public Protector remains suspended from her office at present.

The DA further notes that President Ramaphosa has joined the DA’s appeal application. This case will set important legal precedents, and all interested parties should therefore be heard.

The DA will never be afraid to use legal action to ensure that the rule of law is upheld in South Africa.

The office of the Public Protector is within our Constitutional Framework of paramount importance, and should serve as a beacon of accountability at all times. The DA will therefore do everything in its power to ensure that the reputation of the institution is upheld.