President Cyril Ramaphosa on Saturday said any action by the president that is deemed invalid must be adjudicated by the Constitutional Court.

Ramaphosa was responding to the media who asked him what he made of the decision of a full bench of the Western Cape High Court declaring the suspension of public protector Busisiwe Mkhwebane invalid with immediate effect.

Speaking after concluding his Limpopo leg of the Letsema campaign at the Nkowankowa stadium in Limpopo, Ramaphosa said: “Our reaction has already been made public. We are going to get guidance from the Constitutional Court because any action by the president which is deemed invalid has to be adjudicated upon by the Constitutional Court.

“So the Constitutional Court is the answer. So it’s a straightforward one.”

On whether he will be able to work with Mkhwebane again, Ramaphosa said: “Working with the public protector, any public protector, is never a difficulty because everything that we do is guided by laws and the provisions of our constitution. So it’s a straightforward process.”

On Friday his office released a short statement saying it would be guided by the Constitutional Court.

Presidency spokesperson Vincent Magwenya said: “The presidency has noted the ruling handed down by the Western Cape High Court this afternoon (Friday), stating that President Cyril Ramaphosa’s decision to suspend Adv Busisiwe Mkhwebane is invalid.

“The presidency will seek guidance from the constitution on the next steps.”

Earlier on Saturday, TimesLIVE reported that Mkhwebane could not return to office yet.

This was conveyed in a message the public protector's office sent to her after she said on Friday she would be returning to her office as early as Saturday.

In a letter dated September 9, which TimesLIVE has seen, acting public protector Kholeka Gcaleka told Mkhwebane her suspension remains effective. 

Gcaleka said their attorneys advised that an appeal to the Constitutional Court suspends the high court order.

“Your earlier WhatsApp communication to arrange for access to the premises of the Public Protector South Africa (PPSA) has reference. Accordingly, the advice received is the high court order is not presently operative and your suspension from the position of public protector remains effective,” Gcaleka said in the letter. 

She added the office of the public protector remains committed to funding Mkhwebane's challenge of her suspension and requested that her attorneys advise the CEO as soon as possible of any further legal services that may be required.

TimesLIVE