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SECTION 194 INQUIRY

‘No case’ – Mkhwebane denied direct access to Constitutional Court

‘No case’ – Mkhwebane denied direct access to Constitutional Court
Suspended Public Protector Busisiwe Mkhwebane briefs the media on the parliamentary bribery and corruption scandal in Sandton on 13 June 2023. (Photo: Felix Dlangamandla)

Suspended Public Protector Busisiwe Mkhwebane’s bid for access to limitless state-funded legal costs for her impeachment inquiry has hit an iceberg.

On Wednesday, Deputy Chief Justice Mandisa Maya ruled that no case had been made for exclusive jurisdiction and direct access to the Constitutional Court.

Mkhwebane had sought various urgent outcomes, including a review of committee chair Qubidile Dyantyi’s decision to continue her impeachment enquiry beyond 31 March, as well as a reversal of her suspension by President Cyril Ramaphosa. 

She also sought to confirm that a previous court order, which confirmed that the State had a legal obligation to provide Mkhwebane with legal representation, was a bottomless pot.

Parliament’s spokesperson, Moloto Mothapo, said the NA had noted the ruling. Mkhwebane will now have the option of approaching the high court to consider her funding woes.

Read more in Daily Maverick: Mkhwebane reaches end of the road, refuses State Attorney’s offer and is poised to reveal alleged bribery files

On Tuesday, Mkhwebane, defying a request for her not to go public with alleged WhatsApps and surreptitious recordings of the late ANC MP Tina Joemat-Pettersson, did so nevertheless.

At a hostile media conference in a Sandton hotel, Mkhwebane blamed the NA, President Cyril Ramaphosa, the DA and the ANC for hastening Joemat-Pettersson’s death.

The suspended protector and her husband, David Skosana, allege that the senior ANC MP had approached him to solicit a bribe for herself, Dyantyi and ANC chief whip Pemmy Majodina to make the impeachment process “go away”.

When the plan appeared to derail, Skosana informed Joemat-Pettersson that he was going public and would be exposing them all.

Joemat-Pettersson died suddenly at her home in Pinelands on 5 July. Her cause of death remains speculation at this stage. DM

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