Public protector denied leave to appeal by Western Cape High Court

Public Protector Busisiwe Mkhwebane has been denied leave to appeal by the Western Cape High Court which means that a parliamentary inquiry into her fitness to hold office, may go ahead. 

In October, the very same high court dismissed her application to have the Parliamentary process for her removal from office suspended.

The public protector had approached the courts in February after the Democratic Alliance (DA), in Parliament, launched another motion to have her removed. Chief Whip Natasha Mazzone claimed she was not fit for office due to being guilty of “misconduct” and “incompetence” on several charges including the SARB and Estina Dairy Farm probes. 

PUBLIC PROTECTOR DENIED LEAVE TO APPEAL IN REMOVAL PROCEEDINGS

The public protector’s application was opposed by the National Assembly speaker, the first respondent, the President, the second respondent and the Democratic Alliance, which is listed as the tenth respondent.

The court held that the public protector failed to establish any grounds for leave of appeal. It was also of the view that the relief sought did not raise any compelling reason why leave should be granted. Mkhwebane was also ordered to pay the costs of the first and tenth respondents.  

In October, Advocate Dali Mpofu who’s representing the public protector said the court should not allow the process to remove her. 

“We have not had an impeachment process that has taken place in our young democracy,” he said.

When The South African contacted the public protector’s spokesperson, Oupa Segalwe, he said they haven’t made a public comment on the matter as yet. 

‘UNDER HER GUIDANCE…‘

Following the judgement in October, Mazzone said the interdict was clearly an attempt by the public protector to delay and frustrate the inquiry and to invalidate a legitimate parliamentary process to remove her.

“Now there should be no delays for the Speaker of the National Assembly, Thandi Modise, to appoint an independent panel – which will determine whether there is a prima facie case for Parliament to proceed with the removal proceedings,” said Mazzone. 

“Mkhwebane’s tenure as public protector dirties the once proud reputation of this vital Chapter 9 institution of holding the Executive to account without fear or favour. Under her guidance, the institution has suffered blow after blow in South African courts and leaves a clear impression of toothlessness and ineptitude,” she added.