Here is where the public protector will help and not help Mkhwebane's case

The public protector (PPSA) on Thursday  announced it had taken a decision to withdraw the institution's participation in all pending litigation instituted by suspended public protector Busisiwe Mkhwebane in the name of the institution.

However, the office indicated that it would fund Mkhwebane's challenge to her suspension, her defence during the impeachment proceedings in parliament and the perjury criminal case.

In a statement, the public protector said it would not fund Mkhwebane's appeal against the recent decision of the Western Cape High Court, where she sought to obtain an urgent interdict to prevent her suspension (Part A).

The PPSA said it will also not fund the rescission application pending before the Constitutional Court and  will not fund Part B of the application in the Western Cape High Court, or the defamation of character lawsuit, which it said was a private matter against the DA.

“Section 2A (7) of the Public Protector Act 23 of 1994 provides that, if the public protector is, for any reason, unable to perform her functions, the deputy public protector shall perform such functions.

“This provision confers all powers and functions of the public protector upon the acting public protector, including the responsibility to strategically direct litigation in the name of the PPSA within the best interests of the institution to fulfil its constitutional mandate and within the parameters of the law,” the office said in a statement.

It said in this regard, Mkhwebane's legal representatives should have obtained a power of attorney from acting public protector Kholeka Gcaleka before filing an amended notice of motion in respect of Part B of the application before the high court on June 17, as well as a notice of application for leave to appeal the high court decision on Part A on July 4.

The office said Gcaleka has been in regular contact with Mkhwebane in relation to her access to legal services, support and information affected by her suspension.

“She communicated these latest decisions to advocate Mkhwebane during a courtesy call on  July 4 2022.

“In a separate engagement on the same day, the PPSA CEO relayed the same message to advocate Mkhwebane's legal representatives.”

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