Mkhwebane had argued that Ramaphosa is “not legally entitled or competent to take any steps” in line with section 194 of the constitution.
Ramaphosa’s lawyers, however, dismissed this as a generality as it did not specify which of the public protector’s investigations gave rise to the alleged conflict. Ramaphosa’s statements on the misuse of public funds by ANC politicians as serious investigations in which he is fingered. “It is also not correct that the president is 'personally, heavily and multiply conflicted in this matter due to various investigations which have recently been, or are presently being, investigated' by the public protector against or concerning allegations of a breach of ethics and/or violations of the constitution.
“In our view, neither a past investigation nor an ongoing investigation creates a conflict of interest. Had this been the case, the public protector could immunise herself against the processes envisaged by section 194 of the constitution by initiating investigations against those organs of state or those individuals she considers to be a threat to her.”