The Western Cape High Court on Monday dismissed PP Busisiwe Mkhwebane’s leave to appeal. Picture: Oupa Mokoena/African News Agency (ANA)
The Western Cape High Court on Monday dismissed PP Busisiwe Mkhwebane’s leave to appeal. Picture: Oupa Mokoena/African News Agency (ANA)

Major blow for Mkhwebane after high court dismisses application for leave to appeal

By Se-Anne Rall Time of article published Nov 30, 2020

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Durban - Public Protector Busisiwe Mkhwebane's battle to interdict a parliamentary impeachment process against her was dealt a major blow on Monday when the Western Cape High Court dismissed her application for leave to appeal.

Judge Vincent Saldanha ruled that Mkhwebane had failed to establish any of the grounds which were required to grant her leave to appeal.

Last month, the same court dismissed Mkhwebane's urgent interim interdict, preventing Parliament from continuining with its process.

At the time, IOL reported that Judge Saldanha dismissed Mkhwebane’s application, adding that the public looked to the Speaker of the National Assembly to deal with matters of this nature and those affecting public bodies.

Judge Saldanha said Mkhwebane had failed to make a case why Parliament should not be allowed to continue with the process to remove her.

Mkhwebane launched the application earlier this year to interdict National Assembly Speaker Thandi Modise from taking further steps in her removal from office until she obtains relief wherein she wants to set aside the rules and have them declared unconstitutional.

Mkhwebane's tenure as Public Protector has been shrouded in controversy since she took over the reins from Thuli Madonsela in 2016.

DA Chief Whip, Natasha Mazzone, has brought forward two motions calling for Mkhwebane's removal from office.

Although the first motion was withdrawn, Mazzone filed a second motion in February.

According to reports, the DA submitted thousands of pages of supplementary evidence to Modise.

Last week, Modise had appointed an independent review panel to determine whether there is a prima facie case against Mkhwebane.

Mazzone said the party hoped that the panel would waste no time in beginning its work.

"We are pleased that Parliament is now another step closer to holding Mkhwebane to account, despite numerous attempts by her to delay, frustrate and invalidate a legitimate parliamentary process to remove her," Mazzone said.

IOL

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