Public Protector Busisiwe Mkhwebane has submitted another application to the constitutional court in an attempt to rescind her impeachment. The apex court unanimously ruled on 4 February 2022 that the impeachment of the Public Protector can go ahead. Mkhwebane told parliament that she would make another application to the apex court last month. On Friday 11 February she submitted her application.
In her affidavit, Mkhwebane alleges that the concour ruling had “patent errors”. The affidavit reads, “The ambiguity, patent error and/ or omission is only to the extent of the court’s failure to apply the most basic rules for constitutional validity and the rule of law as well as the established pin the well-known Pharmaceutical and Fedsure cases.”
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The public protector suffered yet another blow in her attempt to have the highest court in the land overturn judgement in the CR17 campaign case. In her report she argued that over R200 million was received by the CR17 campaign, and that amount raised suspicion of money laundering and the president could be exposed to “some sort of state capture”.
The constitutional court dismissed Mkhwebane’s application for the court to reverse its decision in the CR17 campaign report. The apex court’s decision brings an end to the public protector’s efforts to vindicate her findings in the CR17 campaign report. The court found “no case has been made” by the applicant to have the the July 2021 ruling overturned. Mkhwebane’s rescission bid was dismissed with costs.
Source: News24, Sunday Times, Daily Maverick, Business Day, image from Sunday Times
