Public Protector Advocate Busiswe Mkhwebane will challenge the Concourt’s decision which rejected her appeal to have her impeachment halted. Mkhwebane asked the apex court to rescind its previous judgement which allowed parliament to look into her fitness to hold office.
Mkhwebane’s rescission application not to be heard
The apex court on Friday 6 May gave a short ruling saying that it would not hear Mkhwebane’s rescission application. In a five-page letter, Mhkwebane’s legal team said it received instructions to challenge and set aside the order “Unlawfully and irregularly granted on 6 May 2022 upon various grounds”.
Concourt to investigate Mkhwebane’s fitness to hold office
The decision by the constitutional court not to listen to the rescission application means that parliament can go ahead with its investigation looking into Mkhwebane’s fitness to hold office. If found unfit that would mean the end of her stay in office as she would be removed by the national assembly.
“The court has concluded that the rescission application does not establish any rescindable errors in the judgement. There are also no exceptional circumstances that warrant the rescission of the judgement.
Application to be dismissed
“Therefore, the court has concluded that the application should be dismissed as no case has been made out of rescission. The court has concluded that the application for direct access should be dismissed as no case has been made out for direct access,” it ruled.
In the letter to the State Attorney, Mkhwebane’s lawyers said the ruling violated the rights of the public protector. “Accordingly, we hold instructions to challenge and set aside the order unlawfully and irregularly grated on May 2022 upon various grounds. All the interested parties, including your client[s], will be served,” the letter read.
Source: News24, Eyewitness News, image from Eyewitness News