---
title: "Mkhwebane suffers another legal blow, with costs, after SCA strikes appeal off the court roll"
description: "Serial legal delinquent, former Public Protector and current EFF MP Busisiwe Mkhwebane has failed (again) in an attempt to appeal against a decision on her Section 194 impeachment inquiry."
type: "NewsArticle"
publisher: "Daily Maverick"
site: "https://www.dailymaverick.co.za"
section: "AGE OF ACCOUNTABILITY"
author: "Marianne Thamm"
author_url: "https://www.dailymaverick.co.za/author/mariannethamm/"
canonical_url: "https://www.dailymaverick.co.za/article/2024-10-02-mkhwebane-suffers-another-legal-blow-with-costs-after-sca-strikes-appeal-off-the-court-roll/"
published: "2024-10-02T01:20:43"
updated: "2024-10-02T05:24:04"
lang: "en-ZA"
word_count: 467
---

# Mkhwebane suffers another legal blow, with costs, after SCA strikes appeal off the court roll

> Serial legal delinquent, former Public Protector and current EFF MP Busisiwe Mkhwebane has failed (again) in an attempt to appeal against a decision on her Section 194 impeachment inquiry.

By Marianne Thamm · Published 2 October 2024, 03:20 SAST · Updated 2 October 2024, 07:24 SAST

## Key points
- Public Protector Busisiwe Mkhwebane faced another legal setback as the Supreme Court of Appeal tossed her appeal out with costs, adding to her woes in challenging her impeachment process and seeking a hefty gratuity, all while her fellow impeachee, John Hlophe, faces his own interdiction drama.
- Supreme Court of Appeal strikes down with costs Mkhwebane's appeal against the dismissal of her bid to remove the chair of her impeachment inquiry
- Mkhwebane faces setback in bid to challenge impeachment process and claim R10-million gratuity
- Office of the Public Protector argues against gratuity payment, citing 'constitutional delinquency'
- Democratic Alliance hails court ruling as victory for rule of law and accountability

## Content

Represented by Advocate Dali Mpofu, Mkhwebane was dealt another body blow as the Supreme Court of Appeal (SCA) on Tuesday struck off the roll, with costs, her appeal against the Western Cape Division of the High Court’s dismissal of an application to remove the chair of the historic impeachment inquiry.

It is a further setback among Mkhwebane’s ongoing attempts to challenge her impeachment process while simultaneously leveraging the law in other matters, including an attempt to obtain a R10-million gratuity she claims she is due.

The Office of the Public Protector South Africa has challenged this, with Advocate Tembeka Ngcukaitobi arguing on its behalf in the [Gauteng Division of the High Court in Pretoria in August](https://www.dailymaverick.co.za/article/2024-08-20-paying-mkhwebane-a-r10m-gratuity-would-reward-constitutional-delinquency-court-hears/) that Mkhwebane was the only Public Protector to be [impeached for misconduct and incompetence,](https://www.dailymaverick.co.za/article/2023-09-11-national-assembly-votes-mkhwebane-out-of-public-protector-office-for-incompetence-and-misconduct/) and was not in the same position as previous incumbents of the office.

Acquiescing to Mkhwebane’s demand for payment would set “bad precedent” he argued.

#### **‘Constitutional delinquency’**

“What you have is a reward for constitutional delinquency. And this, I’m afraid, my Lord, is the big elephant in the room that this case, really what it is about, is asking the judge to be party to a reward for constitutional delinquency,” he told the court.

Ngcukaitobi argued that Mkhwebane did not meet the requirements for a gratuity payment because she had not left office as required by the Public Protector Act, but was removed on grounds of misconduct.

A ruling is yet to be made on the matter.

**Read more:**[Paying Mkhwebane a R10m gratuity would reward ‘constitutional delinquency’, court hears](https://www.dailymaverick.co.za/article/2024-08-20-paying-mkhwebane-a-r10m-gratuity-would-reward-constitutional-delinquency-court-hears/)

Mkhwebane currently serves as an EFF MP on the parliamentary committee for justice, which oversees the Office of the Public Protector.

Democratic Alliance spokesperson on Justice, Advocate Glynnis Breytenbach, on Tuesday said the ruling was “a victory for the rule of law and a reaffirmation of the importance of accountability in South Africa’s democratic institutions”.

She said the court’s judgment made it clear that Mkhwebane’s attempts to use the judicial system for personal interests after being lawfully removed from office was without merit.

Said Breytenbach: “We are particularly pleased that the court awarded costs against Ms Mkhwebane in her personal capacity, recognising that this frivolous litigation has wasted valuable resources, clogged the court rolls and wasted our courts’ precious time. It is critical that public officials are held accountable for their actions and that legal processes are not misused to obstruct justice”.

Last week Mkhwebane’s fellow impeachee, former Judge John Hlophe, who now leads the MK party in Parliament, has been interdicted from serving on the Judicial Service Commission.

The body which interviews judges has opted to continue without him, which has resulted in Hlophe, who is part of the Coalition-of-the-Implicated that has coagulated around former president Jacob Zuma, leader of MK, threatening legal action. **DM**