04 September 2023 Dear Adv Mkhwebane, RE: IMMEDIATE RETURN TO OFFICE | refer to your letter dated 4 September 2023. 1. You state in your letter that you intend returning to office tomorrow, on 5 September 2023, until the expiry of your term of office on 14 October 2023 or any lawful removal in terms of section 194 of the Constitution, whichever happens first. 2. The purported basis on which you assert a right to return to office is that it is “crystal clear’ from my letter of suspension dated 9 June 2022 that the period of suspension “expired upon the finalisation of the enquiry initiated by the section 194 Committee (‘the Committee’)". You allege in this regard that the letter received from the Chairperson of the Committee dated 24 August 2023 indicates that the enquiry was finalised on or about 28 August 2023 and upon the adoption of the final report of the Committee. | disagree with these contentions. 3. The following is of relevance in this regard: 3.1 First, regard must be had to section 194 of the Constitution. It reads: “194 Removal from office (1) The Public Protector, the Auditor-General or a member of a Commission established by this Chapter may be removed from office only on- (a) the ground of misconduct, incapacity or incompetence; (b) a finding to that effect by a committee of the National Assembly; and (c) the adoption by the Assembly of a resolution calling for that person's removal from office. (2) Aresolution of the National Assembly concerning the removal from office of- (a) the Public Protector or the Auditor-General must be adopted with a supporting vote of at least two thirds of the members of the Assembly; or