The Constitutional Court will hear the applications to appeal the decision declaring the suspension of public protector Busisiwe Mkhwebane invalid on November 24.
The Western Cape High Court declared Mkhwebane's suspension by President Cyril Ramaphosa invalid on September 9, saying it was “tainted by bias of a disqualifying kind”.
In directions issued on Monday, the Constitutional Court said the two appeal applications — by the DA and the president — “are consolidated and set down for hearing on Thursday November 24”.
In its judgment, the Western Cape High Court said: “In our view, the president could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant.” The full bench comprised of judges Lister Nuku, Matthew Francis and James Lekhuleni.
The same day, the DA went straight to the ConCourt on appeal, saying it had an automatic right to do so since the judgment had to be confirmed.
But just in case the order did not give rise to an automatic appeal, the DA applied, in the alternative, for a direct appeal — skipping the Supreme Court of Appeal and with no need to seek leave to appeal from the high court. The DA said it was “plainly in the interests of justice” that it be allowed to come straight to the highest court. Ramaphosa's own appeal to the ConCourt soon followed.
As a result of the applications, Mkhwebane has, as a matter of law, been unable to return to work. She went back to the high court for an order allowing her to return to work notwithstanding the appeal process. That judgment is still outstanding.
The directions from the ConCourt said written arguments from the DA and the president must be filed by October 17 and from Mkhwebane by October 24.
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ConCourt to hear appeals on Busisiwe Mkhwebane suspension in November
Apex court consolidates applications to appeal by DA and President Ramaphosa
Image: Leila Dougan
The Constitutional Court will hear the applications to appeal the decision declaring the suspension of public protector Busisiwe Mkhwebane invalid on November 24.
The Western Cape High Court declared Mkhwebane's suspension by President Cyril Ramaphosa invalid on September 9, saying it was “tainted by bias of a disqualifying kind”.
In directions issued on Monday, the Constitutional Court said the two appeal applications — by the DA and the president — “are consolidated and set down for hearing on Thursday November 24”.
In its judgment, the Western Cape High Court said: “In our view, the president could not bring an unbiased mind to bear as he was conflicted when he suspended the applicant.” The full bench comprised of judges Lister Nuku, Matthew Francis and James Lekhuleni.
The same day, the DA went straight to the ConCourt on appeal, saying it had an automatic right to do so since the judgment had to be confirmed.
But just in case the order did not give rise to an automatic appeal, the DA applied, in the alternative, for a direct appeal — skipping the Supreme Court of Appeal and with no need to seek leave to appeal from the high court. The DA said it was “plainly in the interests of justice” that it be allowed to come straight to the highest court. Ramaphosa's own appeal to the ConCourt soon followed.
As a result of the applications, Mkhwebane has, as a matter of law, been unable to return to work. She went back to the high court for an order allowing her to return to work notwithstanding the appeal process. That judgment is still outstanding.
The directions from the ConCourt said written arguments from the DA and the president must be filed by October 17 and from Mkhwebane by October 24.
TimesLIVE
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