Cape Town - Public Protector Busisiwe Mkhwebane will ask the Western Cape High Court for leave to appeal its ruling that dismissed her bid to return to her position earlier this week.
This emerged in an urgent notice of application for leave to appeal that Mkhwebane filed with the high court on Wednesday.
The move comes after the full bench of the high court – Judges Lister Nuku, Matthew Francis and James Lekhuleni – handed down judgment on Tuesday.
In September, the full bench declared invalid President Cyril Ramaphosa’s decision to suspend Mkhwebane, and set aside her suspension.
She was suspended days after she informed Ramaphosa about investigating him after she received a complaint from the ATM in line with the Executive Ethics Act in connection with the break-in at his Phala Phala farm and theft of foreign currencies two years ago.
The ruling on her suspension had prompted Mkhwebane to lodge an urgent application wanting the setting aside of her suspension to be operational.
But both the DA and Ramaphosa opposed the application.
In its Tuesday ruling, the court said the parties in the matter held differing views about the effect of the September judgment.
The full bench of the high court dismissed Mkhwebane's application and ordered her to pay the DA's costs.
It said the Constitutional Court made the final decision on whether the conduct of the president was unconstitutional.
“No order to this effect by any other court has any force until the Constitutional Court has pronounced on the issue,” read the judgment The full bench said when it ruled that the order was to take effect on the date of “this judgment,” meant it would not apply retrospectively.
“The court’s reasoning in this regard would then be before the Constitutional Court when the latter court considered the confirmation of this judgement.”
The full bench said since the Constitutional Court made the final decision whether or not the conduct of the president was constitutional, the order declaring the decision inconsistent with the Constitution had to be confirmed before it could be of any force or effect.
“The relevant orders have not been confirmed, and irrespective of the wording used, there is nothing that can be suspended.
“The judgment has independent existence but is conditional upon confirmation by the Constitutional Court,” the judgment said.
Cape Times