Dali Mpofu’s lawyer, legal counsel for public defender Busisive Mhwebane, argues that suspending her while the impeachment proceedings continue will be punishable and damage her reputation.
The case between Mhweban and the speaker of the National Assembly, among others, is currently pending in the Western Cape High Court.
This came after Mhwebane filed an urgent application to end the parliamentary impeachment proceedings against her pending the results of her application for repeal in the Constitutional Court.
The High Court will discuss the alleged trial of Mhwebane:
The Public Protector is challenging the Concourt decision made in February, which gave the green light to the impeachment procedure.
Parliament decided to continue the case despite Mkhweban’s appeal.
Mpofu says the impeachment procedure is already a punishment. “Punishment is impeachment, it is punitive by nature. What I am claiming is precisely within the framework of the penal regime, we are dealing with another measure of punishment, this is a reprieve. Defendant cannot argue because it is waived from the salary, it is not a punishment.