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Mkhwebane loses bid on rescission application in court

Public Protector Busisiwe Mkhwebane has lost her court application bid in the apex court. Picture: Theo Jephta /African News Agency (ANA)

Public Protector Busisiwe Mkhwebane has lost her court application bid in the apex court. Picture: Theo Jephta /African News Agency (ANA)

Published May 6, 2022

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Cape Town - Public Protector Busisiwe Mkhwebane could face impeachment in Parliament, after the Constitutional Court threw out her rescission application.

The apex court found that there was no basis for the application.

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The court decision would now allow President Cyril Ramaphosa to go ahead and suspend Mkhwebane.

Parliament would also proceed with the Section 194 inquiry that is conducting impeachment proceedings against the public protector.

It was reported that the court dismissed the application, as there was no basis for it.

The judgment comes against the backdrop of a criminal complaint lodged by Mkhwebane in Pretoria, against a text message sent to counsel for Parliament regarding the matter.

The impeachment process has been going on for some time.

It has been halted by court processes, with the Section 194 committee agreeing that it would continue once the court case was concluded.

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Legal advisers of Parliament said this week, in the programming committee, that they would wait for the judgment and the Section 194 committee will meet on May 11 to make a decision.

“The ad hoc committee on the Section 194 inquiry, the committee postponed its meeting that was supposed to be held on May 3 in order to give the evidence leader a chance to go through the documents, and the committee also postponed the hearings that were planned for May 4, 5, 6 and the ,10 and on May 11 the committee will now decide when will those hearings be held,” Parliament’s legal adviser advocate Mongana Tau told the committee this week.

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