Tito Mboweni ANC

South African Minister of Finance Tito Mboweni presents a special emergency budget on Wednesday 24 June
Photo by RODGER BOSCH / AFP

Mboweni and Malema go head-to-head over Mkhwebane’s future

The EFF have not accepted the decision to set the matter aside, and say they will keep the ball rolling and take it to the ConCourt.

Tito Mboweni ANC

South African Minister of Finance Tito Mboweni presents a special emergency budget on Wednesday 24 June
Photo by RODGER BOSCH / AFP

The Economic Freedom Fighters (EFF) have clapped back at the decision by the North Gauteng High Court to dismiss the public protector’s findings that President Cyril Ramaphosa misled parliament. 

On Tuesday 10 March, the high court found that Busisiwe Mkhwebane had been mistaken in her investigation into Ramaphosa’s CR17 campaign and ruled to set the long-standing matter aside.

In her disputed report, Mkhwebane found that Ramaphosa had misled Parliament, violated the executive ethics code and acted inconsistently with his office in relation to R500 000 donated by the late Bosasa boss Gavin Watson to Ramaphosa’s ANC presidential campaign in 2017.

The party say that the decision is “ridiculous”, and sends the wrong message to other government officials who must be held accountable for their crimes. 

EFF vs Mboweni: The fight rages on

Finance Minister Tito Mboweni wrote on Twitter saying that the public protector should take the loss and accept that she was wrong to investigate the president. This sparked a defiant response by EFF leader Julius Malema.

“In a democracy like ours, the PP should fall on her sword. Game over!!” wrote Mboweni.

To which Malema replied: “It will not happen without a fight, not a promise but a commitment”.

The EFF’s second-in-command Floyd Shivambu wasn’t going to let this one get away from him, and he promptly delivered his own response to the finance minister’s observation. He said Mkhwebane was “not going anywhere”.

“Well that, unfortunately, will not happen! The public protector is not going anywhere and will not fall on any sword for exposing callous and greedy capitalists who bought a president to manage their common affairs,” said Shivambu.

It wouldn’t be a proper Twitter war without input from the “people’s bae” Mbuyiseni Ndlozi, who poked fun at the pilchard-loving minister and said that his “tin fish threats” weren’t welcome.

“No tin fish sword formed against the PP Busisiwe Mkhwebane shall ever prosper! Tin fish threats won’t work chief,” he said.

EFF slam ‘ridiculous’ ruling 

EFF spokesperson Vuyani Pambo condemned the decision.

“The Gauteng North High Court ruling has also effectively rendered the oath of members of parliament futile, uprooting the respect this important arm of the state has.

“The finding that Ramaphosa did not mislead parliament is not only ridiculous, it exposes the court as an institution complicit in weakening parliament,” he said. 

“Absolving him means there are laws for the rest of South Africans and laws for Ramaphosa. It is a direct violation of the foundation of our constitutional order: equality before the law. 

“Equality before the law means Ramaphosa must be subjected to the same scrutiny that [former president] Jacob Zuma and many others faced when they violated the constitution, laws and rules of parliament,” he added.

EFF to take another swipe at Ramaphosa? 

The Red Berets have indicated that the case has not yet been closed, intimating that they will take the ruling to the Constitutional Court. 

In a statement released on Tuesday, they said that the ruling made no sense. 

“We reject the logic that Ramaphosa did not personally benefit from the CR17 funds. How can a man who received billions in funding from key business figures not properly declare what he’s received?”

EFF statement

“The finding is not only ridiculous, but it exposes the court for its role in weakening the authority of Parliament. We shall therefore appeal the ruling at the Constitutional Court.”

Mkhwebane off base

The public protector will now find herself under immense scrutiny, after the court decision exposed serious shortcomings in her ability to interpret the law of the land.

The high court found that:

  • The public protector had no jurisdiction to investigate the CR17 campaign;
  • The president was not obliged to make a disclosure of the donations received by the CR17 campaign; and
  • The public protector had no foundation in fact and in law to arrive at the conclusion that the president had involved himself in unlawful activities. 

Ramaphosa said in a statement that he is satisfied with the ruling.

“The Presidency welcomes the settlement of this matter and reaffirms its commitment to honest and effective governance.”