Court dismisses Mkhwebane loses bid to halt impeachment
Public Protector Busisiwe Mkhwebane has suffered another legal blow – this time in the Western Cape High Court.
The court on Friday morning dismissed Mkhwebane’s application to halt Parliament from continuing with an inquiry into her fitness to hold office.
Mkhwebane’s application also sought to block President Cyril Ramaphosa from suspending her.
The ruling came less than 24 hours after Ramaphosa confirmed Mkhwebane’s suspension pending the outcome of the impeachment proceedings.
Judge Nathan Erasmus says her application fell "overwhelmingly" short of the requirments for an ordinary interdictary relief.
"We say this because Advocate Mkhwebane has in our view not demonstrated even a prima facie interdict preventing the parliamentary respondents from continuing with the impeachment process pending our now new second rescission application."
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“The present application before us seeks to necessite Advocate Mkhwebane’s previously failed application by preventing the parliamentary respondents from continuing with the impeachment process until all the challenges have been exhausted and pursued by way of her second application for rescission. This is unattainable and unsustainable.
Erasmus has also ruled that Mkhwebane will be partially liable for costs.
".. that each party shall be liable for their own cost except that the public protector shall be liable for the costs of the 5th respondent including the cost of the two counsels that were employed up to and including the 6 May 2022.”
The ruling means the parliamentary process to probe Mkhwebane's fitness to hold office will continue.
She will remain suspended pending the finalisation of that process.
