Busisiwe Mkhwebane’s case indefinitely postponed

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Public Protector, Busisiwe Mkhwebane’s fight to stop the Parliamentary process to remove her from office in the Western Cape High Court has been indefinitely postponed due to the COVID-19 outbreak.

Mkhwebane wants the process suspended saying it’s unfair and unconstitutional.

Mkhwebane and National Assembly Speaker Modise have agreed to postpone the case, which has seen them seek personal cost orders against each other.

Reports however say Mkhwebane’s attorney Theo Seanego wrote to Judge President John Hlophe to ask that the case be indefinitely postponed due to the outbreak and the consequent suspension of the business of the National Assembly until further notice.

Modise, is to oppose Public Protector Mkhwebane’s application to halt the process to declare her unfit to hold office.

Thandi Modise responds to Busisiwe Mkhwebane:

Mkhwebane has accused Modise of siding with President Cyril Ramaphosa in a legal dispute with him regarding a BOSASA donation to his African National Congress (ANC) presidential election campaign in 2017.

In her report, Public Protector Busisiwe Mkhwebane found that Ramaphosa deliberately misled Parliament when he failed to divulge the details of the donations his African National Congress (ANC) presidential campaign received; in particular, a payment from Bosasa.

The late CEO of Bosasa, Gavin Watson, donated R500 000 to Ramaphosa’s 2017 campaign.

President Cyril Ramaphosa took the case for a judicial review. A full bench of judges said Mkhwebane acted recklessly and irrationally and that she had no jurisdiction to investigate the CR17 campaign.

The court found that Ramaphosa was not obliged to disclose campaign funding and did not mislead parliament on the CR17 campaign.

DA’s motion of no confidence against Mkhwebane

The Democratic Alliance (DA) first instituted a motion to remove Mkhwebane from office after a number of adverse court judgments against her.

Parliamentary Spokesperson, Moloto Mothapo, says Modise’s aim is to defend the National Assembly.

“She will oppose the application in defence of the constitutional powers of Parliament to hold the chapter nine institutions accountable because the constitution states that the public protector and other chapter nine institutions are accountable to the National Assembly,” says Mothapo.

Mothapo says Parliament is opposing the application to interdict.