The case between the Public Protector, Advocate Busisiwe Mkhwebane, and the National Assembly Speaker, among others, has been rescheduled for May 18 and 19. This is by agreement of the parties except for the Democratic Alliance (DA).
Mkhwebane has filed an urgent Western Cape High Court application aiming to halt the Parliamentary impeachment proceedings against her pending the finalisation of her rescission application in the Constitutional Court.
As parties had agreed behind the scenes to postpone the matter in order to get clarity on Mkhwebane’s pending rescission application.
The Public Protector is challenging the Constitutional Court judgment handed down in February that gave the green light to the impeachment proceedings.
However, Mkhwebane is challenging that ruling arguing its lacks constitutional validity.
Legal Representative of Public Protector, Advocate Dali Mpofu says, “The applicant and the first, second and third respondents have agreed to ask the court to postpone this matter to Wednesday 18th and Thursday 19th of May 2022. Number two there has been an unfortunate development of the application in the constitutional court bought by the Public Protector for rescission for parts of the Constitutional Court judgment made in February 2022.”
The DA was however opposed to the postponement but conceded that it was practical to agree to the postponement.
A full bench of three judges is hearing the matter.
Judge Nathan Erasmus says, “The developments that have taken place but more particular that the better part of the application itself is influenced by the application pending before the constitutional court. It might be that in the fullness of time we save issue of judicial time. “
The impeachment proceedings against Mkhwebane were due to start next month.
However, they are likely to be delayed based on the sub judice rule due to the pending rescission application.
Public Protector’s urgent application in Western Cape High Court: Bulelani Phillip reports
