High court finds Ramaphosa’s suspension of Mkhwebane unlawful - There was a reasonable apprehension that the president was biased and his decision made in retaliation for her Phala Phala probe
began long after the suspension process began, when he had written to her on 17 March to ask for reasons why he should not take this step.
“To suggest that such a suspension would not have any effect of delaying the course of the investigation would be a difficult proposition to convincingly sustain.” “There is no other plausible or logical explanation for the premature suspension of the applicant on the eve of a judgment meant to determine the very lawfulness of the suspension.”
His counsel countered that he had no indication when the ruling was due, but she disputed this, saying the court had in fact indicated that it would be delivered within a week. However it found that Mkhwebane failed to satisfy the test to show the timing of the decision to suspend her was designed to frustrate the enforcement of a court order in her favour and that he was therefore in contempt of court.
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