Ramaphosa suspends Public Protector Busisiwe Mkhwebane

daveza said:
We need a poll - who believes Mkhwebane is actually really sick...
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This is what Dali tweeted,

https://twitter.com/x/status/1569634304954703872

I am curious whether she has access to the military doctors, because those military doctors have protested summons with success when queried on Jacob Zuma. Why they succeeded, I don’t want to know. Any other ordinary doctor could be made to take the stand when push comes to shove.

Personally, I am in the view that Dali and co. are at the advantage. There is simply not enough bite nor urgency to reduce the "people's advocate". Whichever way this goes, it is Ramaphosa stature being pressured, and it will only heat up the closer we draw near to the ANC’s presidential election. Who knows what 2023 may have in store…

I don't support anyone here. All I want is the corrupt to be dealt with to promote the common good, as long as the rot remains it will spread.

The best the country can do now, collectively, is to vote the ANC out.
 
Fulcrum29 said:
This is what Dali tweeted,

https://twitter.com/x/status/1569634304954703872

I am curious whether she has access to the military doctors, because those military doctors have protested summons with success when queried on Jacob Zuma. Why they succeeded, I don’t want to know. Any other ordinary doctor could be made to take the stand when push comes to shove.

Personally, I am in the view that Dali and co. are at the advantage. There is simply not enough bite nor urgency to reduce the "people's advocate". Whichever way this goes, it is Ramaphosa stature being pressured, and it will only heat up the closer we draw near to the ANC’s presidential election. Who knows what 2023 may have in store…

I don't support anyone here. All I want is the corrupt to be dealt with to promote the common good, as long as the rot remains it will spread.

The best the country can do now, collectively, is to vote the ANC out.
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It's easy to lie about being sick. So she may or may not be sick. The word of doctors borders on being law. The PP and Dali have said they want the inquiry to wait on Friday's ruling so she could be lying to drag it to Friday. It is a bizarre reason as even if she's able to return it doesn't stop the inquiry. Her suspension is a separate process than the president suspending her. Her entire play is to drag this out until hopefully the RET win the ANC or she reaches retirement and will then play for sympathy.
 
R13... said:
It's easy to lie about being sick. So she may or may not be sick. The word of doctors borders on being law.
Click to expand...

A sick note needs to be credible; it can be supported by either a medical certificate or on discretion by a medical expert. If the credibility is to be tested, it should be requested as such by the judge or the magistrate. This is an act of evidence being produced, not of that which borders on being law. This evidence can be countered with arguments.

This may vary, as some acts are explicit of that which is required.
 
Does anyone know whether Mpofu has already filed the recusal application? Apparently he has been instructed to do so...
 
Fulcrum29 said:
A sick note needs to be credible; it can be supported by either a medical certificate or on discretion by a medical expert. If the credibility is to be tested, it should be requested as such by the judge or the magistrate. This is an act of evidence being produced, not of that which borders on being law. This evidence can be countered with arguments.

This may vary, as some acts are explicit of that which is required.
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Her sick note is most probably legitimate. She may not be sick, but a lot of doctor are happy to write up a note for people who claim sickness even if there are no symptoms the doctor can check for.
 
R13... said:
Her sick note is most probably legitimate. She may not be sick, but a lot of doctor are happy to write up a note for people who claim sickness even if there are no symptoms the doctor can check for.
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If the credibility of the sick note is to be tested, then that doctor may be summoned to explain the sick note under oath. As I said, in Zuma's case, his military doctors were summoned, but they protested the summons and succeeded.

Just to add, this is an inquiry and not a court of law, hence the formalities around the sick note would differ.
 
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GrootVoet said:
www.news24.com

'Inaccurate, untrue': Acting Public Protector denies Mkhwebane's Phala Phala probe delay claims | News24

Acting Public Protector Kholeka Gcaleka says advocate Busisiwe Mkhwebane's claims that her office's Phala Phala investigation has been unduly delayed because of her suspension by President Cyril Ramaphosa are 'inaccurate and untrue'.
www.news24.com www.news24.com

Still early days but I'm starting to like the acting PP, Kholeka Gcaleka.
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What's the hold up though? Everyone involved with this investigation are dragging their feet, the president right top of the dung heap. I saw the other day that he'd asked for another extension to questions from the SARB
 
GrootVoet said:
www.news24.com

'Inaccurate, untrue': Acting Public Protector denies Mkhwebane's Phala Phala probe delay claims | News24

Acting Public Protector Kholeka Gcaleka says advocate Busisiwe Mkhwebane's claims that her office's Phala Phala investigation has been unduly delayed because of her suspension by President Cyril Ramaphosa are 'inaccurate and untrue'.
www.news24.com www.news24.com

Still early days but I'm starting to like the acting PP, Kholeka Gcaleka.
Click to expand...

There are elements that I am liking yeah, but time will tell.
 
R13... said:
What's the hold up though? Everyone involved with this investigation are dragging their feet, the president right top of the dung heap. I saw the other day that he'd asked for another extension to questions from the SARB
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I don't ever recall any of the parties involved here demanding any reports from the PP, we have always waited for the PP to do her job and the report to be released when she is ready, this one shouldn't bean exception.
 
TheChamp said:
I don't ever recall any of the parties involved here demanding any reports from the PP, we have always waited for the PP to do her job and the report to be released when she is ready, this one shouldn't bean exception.
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Well, people do tend to only demand adherence to rules when it is in their interest. The opposition and others are relying on this bit of law,
21. (1) The Public Protector shall conclude a preliminary investigation within 30 days after notification of the complaint in terms of Rule 20(2) above.
(2) The Public Protector shall, if the preliminary investigation cannot be concluded within the 30 period referred to in sub-rule (1), within 14 days of expiry of this period, in writing— (a) inform the complainant of this fact and the reasons for exceeding the timeframe; and (b) of the time that it is likely to take to complete the preliminary investigation.
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www.news24.com

WRAP | Mkhwebane removed as Public Protector | News24

Suspended Public Protector Busisiwe Mkhwebane's impeachment proceedings continue in the National Assembly. Follow News24 for the latest news, analysis and opinion.
www.news24.com www.news24.com

According to the affidavit filed by Gcaleka, Mkhwebane's assertion that the Phala-Phala matter was "unduly delayed" because it has not been finalised after a period of three months, was not only inconsistent with a previous presentation she had made to Cabinet, "but also not supported by the analysis of the turnaround times for investigating and finalising current and previous EMEA complaints".

She revealed that Mkhwebane had previously taken up to 46 months to finalise such investigations, which have a 30-day deadline for completion.

Mkhwebane has herself previously told Cabinet that "that the earliest period within which a report can be completed, in respect of [Executive Members Ethics Act] matters, is within 6 months of receipt of the complaint".
 
Should have slapped her with a personal cost order, they said the same thing previously so what was she hoping for?
 
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