The Constitutional Court rules that President Cyril Ramaphosa had reasonable grounds regarding the suspension Public Protector Busisiwe Mkhwebane.

They set aside the Western Cape High Court ruling that overturned her suspension in a unanimous judgment handed down on Thursday.

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The ConCourt dismissed Mkhwebane’s application eight months after the full bench heard arguments from all parties involved in the matter.

Mkhwebane was suspended by President Ramaphosa in June 2022. A day after she announced that her office would investigate the president’s conduct regarding the Phala Phala farm scandal.

Mkhwebane challenged the suspension in the Western Cape High Court. The full court found the suspension unlawful due to perceptions of bias. But the DA and president challenged that finding in the Constitutional Court.

Mkhwebane had argued that Ramaphosa had a bias towards her due to this investigation, but the Constitutional Court ruled that the evidence does not show that he acted in a biased manner.


“The President stood to gain nothing from the suspension of the Public Protector as the acting PP continued with the investigation,” Maya said.

Concourt deputy chief justice Mandisa Maya stressed that the president derived no benefit from suspending her. This is since the Phala Phala investigation was ongoing, was handled by the public protector’s office as a whole.

“In this unanimous judgment, this court holds that there was a rational reason for the precautionary suspension of the Public Protector. Which benefits her and her office as it allows her to centre her attention on her defence in the inquiry and safeguards the integrity of her office.”

“In coming to this conclusion, I have considered the report of the independent panel chaired by Justice Nkabinde. Which found that there was prima facie evidence of incompetence on the Public Protector’s part. Based on a number of repeated instances including what it described as overreaching as exceeding the bounds of her powers in terms of the Constitution.”

Constitutional Court rules that President Cyril Ramaphosa had grounds on the suspension of Busisiwe Mkhwebane
President Cyril Ramaphosa

The ANC NEC have ordered its MPs to support its president Cyril Ramaphosa and vote against the adoption of the section 89 panel report in the National Assembly on Tuesday.

This was revealed by acting secretary-general Paul Mashatile during a media briefing on Monday. 

A meeting of the special NEC rallied behind President Cyril Ramaphosa against the section 89 panel report. This is to block a push for Cyril Ramaphosa to be subjected to an impeachment process.

The adoption of the report by Parliament on Tuesday through a simple majority would mean Cyril Ramaphosa would be up for impeachment.

Mashatile said the special NEC also decided it would oppose the adoption of the report. Because Cyril Ramaphosa had taken the report on review. 

The president has also approached the Constitutional Court arguing that the report was unlawful and should be set aside.

ANC Support Cyril Ramaphosa against section 89
ANC Support Cyril Ramaphosa against section 89


Mashatile said that while ANC NEC members disagreed on the matter, by the end of the meeting it decided that its Members of Parliament should be instructed to not support the report’s adoption should Parliament proceed with its sitting on Tuesday. 

This means President Cyril Ramaphosa will survive the onslaught from his enemies within and outside the ANC. Some within the ANC have also been calling for his head. 

“It was a unanimous decision by NEC members,” said Mashatile. 

“Given that the president was challenging the report, the ANC should not support the adoption of the report,” 

Mashatile said other institutions, including the Hawks, were investigating the matter. 

He would brief the ANC caucus in Parliament to not vote in favour of the adoption of the report.

Mashatile was adamant that given this decision by the NEC, Ramaphosa remains the president of the state and the ANC for now. 

Parliament will also sit to discuss the report on Tuesday. 

A 36-year-old man has been arrested for an attack on the Constitutional Court in Braamfontein, Johannesburg on Wednesday.  

He was grabbed outside the court while he was apparently attacking doors and windows.

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Police fired a warning shot to stop him from doing more damage. The suspect has been charged with malicious damage to property and will appear in court soon.

The suspect reportedly used a hammer to smash the glass doors and windows. There were over 28 cracks and holes in the glass windows and doors in the premises in Braamfontein.


The attack took place a day after Acting Chief Justice Raymond Zondo handed over Part One of the much-anticipated State Capture Commission report to President Cyril Ramaphosa.

Police have since confirmed that a 36-year-old suspect has been arrested.
The officers had responded to reports of a man breaking the windows of the Constitutional Court with a hammer.

He will appear in court to face a charge of malicious damage to property.
Considerable damage was caused, mainly to the windows and glass doors next to the main entrance of South Africa’s apex court.