Parliament appeals Busisiwe Mkhwebane judgment in ConCourt
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Cape Town - Former acting Speaker Lechesa Tsenoli has lodged an appeal in the Constitutional Court against the Western Cape High Court judgment that made adverse findings against the inquiry into Public Protector Busisiwe Mkhwebane.
Tsenoli said he would ask that the inquiry be halted pending the finalisation of the appeal process.
The appeal by the former acting Speaker comes after the rules committee agreed last week to appeal the judgment of the Western Cape High Court.
One of the findings against Parliament was the involvement of retired judge of the Constitutional Court Bess Nkabinde in the panel that was formed to determine if Mkhwebane had a case to answer.
It has been reported Tsenoli has laid out a number of grounds to appeal the Mkhwebane case in the Constitutional Court.
In the meeting of the rules committee, all parties supported the decision to appeal the High Court ruling.
There was an argument whether the inquiry should continue although the appeal had been lodged.
In the papers, Tsenoli said he would ask that the inquiry be suspended while the appeal is finalised by the apex court.
The inquiry into Mkhwebane’s fitness to hold office has been going on for some time.
The official opposition, which called for the inquiry against Mkhwebane, has also filed its own papers backing the appeal by Parliament.
The ad hoc committee into Mkhwebane’s fitness to hold office had been established when the High Court ruled on the matter.
It had drawn its timetable and planned to conclude its work in January next year.
The issue of the public protector has been dragging on for the last three years and Parliament finally agreed to establish a committee to look into her fitness to hold office.