The Western Cape High Court has declared President Cyril Ramaphosa’s suspension of public protector Busisiwe Mkhwebane invalid.

But according to section s172(2) of the Constitution, an order of constitutional invalidity against the president has no force unless it is confirmed by the Constitutional Court.

Mkhwebane’s legal representative, Dali Mpofu, informed the Section 194 Inquiry on Friday about the order.

“Someone has just walked into our room here and we just need to get a quick consultation. We’ve just received the judgment from the western cape high court that the suspension of the public protector has been set aside. So we just want to deal with that logistically for a few minutes because it will disturb us and we won’t be able to pay attention,” Mpofu said.

Mkhwebane has been fighting her suspension in the courts.

She also criticised the section 194 committee for proceeding despite a Constitutional Court appeal.

While the committee did not address the court ruling, it continued hearing testimony from former acting CEO Nthoriseng Motsitsi who spoke of financial difficulties at the Office of the Public Protector.