The Supreme Court of Appeal (SCA) in Bloemfontein has ordered Public Protector Advocate Busisiwe Mkhwebane to disclose her job application for an analyst position at the State Security Agency (SSA).
The Democratic Alliance (DA) brought the matter before the SCA, following a High Court ruling which dismissed the party’s application to compel Mkhwebane to produce the requested documents.
The opposition party also wanted the Public Protector to disclose the job’s acceptance letter.
The DA argued that Mkhwebane was not a suitable candidate to be appointed the Public Protector.
Mkhwebane’s fate hangs in the balance:
It says Mkhwebane was a government spy during her deployment to China by the Department of Home Affairs.
The SCA has ruled that the High Court erred in concluding that Mkhwebane’s job application at the SSA was irrelevant in the matter.
The SCA says the documents have evidentiary value, which might assist DA parliamentarians, Glynnis Breytenbach and Werner Horner, in their defence of truth and public interest.
The Public Protector has been ordered to produce the job application, for inspection, by no later than April 1.
However, Mkhwebane was not ordered to disclose the envisaged letter of acceptance because there was no indication that it had been completed or it existed.
