Mkhwebane believes latest court blow goes against Gordhan ConCourt ruling
Public Protector (PP), Busisiwe Mkhwebane has slammed the Western Cape High Court’s decision which saw her lose a bid to halt parliament’s proceedings investigating her fitness to hold office on Friday.
She says the ruling goes against that of the Constitutional Court’s in the case relating to Minister Pravin Gordhan and her office.
Mkhwebane says the judgment bears a similarity because its arguments were based on the office of the PP suffering irreparable damage.
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“Delivering the ruling, Acting Deputy Chief Justice Sisi Khampepe said at the time that the Minister, on the other hand, would suffer discernible irreparable that lay in the fact that he would be disciplined if the remedial action was not suspended,” said Mkhwebane in a statement.
“Counsel on behalf of the Public Protector argued in a similar fashion before the high court, indicating that the Public Protector had a reasonable apprehension of irreparable harm in that she would be prejudiced if the National Assembly carried on with the removal process while a review of the impugned rules, which the Assembly is relying on, was pending. The Assembly on the other hand would not suffer any irreparable harm if the process was to be suspended.
Mkhwebane says her office, with the assistance of her legal team, will study the judgment to map a way forward.
