Mkhwebane lodges JSC complaint against retired Justice Chris Jafta

The complaint relates to a judgment Jafta delivered in a case between Mkhwebane and President Cyril Ramaphosa.

In her affidavit, Mkhwebane accuses Jafta of breaching the judicial code of ethics by stating that she had changed the wording of the Executive Code of Ethics in her findings against President Ramaphosa in her CR17 investigation.

“I humbly implore the commission to consider the facts and evidence stated in the rescission application together with this affidavit as a basis of the complaint,” Mkhwebane said in her affidavit.

“I must also state that whilst the code precludes the commission from entertaining a complaint which arises out of judgement or order, it is my strong and humble submission that the complaint is justified on the basis that the majority court, particularly Jafta J, intentionally sought to prejudice me and was patently impartial, and in his erroneous judgement used harsh language, a ground which breaches the Code of Conduct of the judges.”

Mkhwebane said Jafta’s comments are not true.

“There is no doubt that the aforementioned paragraphs violate my constitutional rights to dignity and reputation and as the present head of the important Office of the Public Protector not as a person, but as a lawyer.

“Moreover, these comments are false and erroneous in that they were made despite the fact that the record to the contrary was before Jafta j, and the choice of words used exceed the bounds of judicial censure.”

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