There is no evidence that somebody within the Constitutional Court gave confidential information to Ismail Abramjee concerning public protector Busisiwe Mkhwebane’s application before that court.
Retired Supreme Court of Appeal president Lex Mpati made this finding after being asked by chief justice Raymond Zondo on June 3 to investigate whether there had been a leak from the ConCourt as suggested by an SMS from Abramjee, a legal analyst.
The text message led to the last-minute postponement of an urgent application in the Western Cape High Court to put the brakes on impeachment proceedings in parliament and to interdict Mkhwebane’s possible suspension by President Cyril Ramaphosa. Mpati said when the question of the SMS arose, Kollapen had informed his colleagues he knew Abramjee, that they lived in the same community in Laudium and were both members of the Legacy Foundation.
Mlambo told Mpati that ever since that function, he has not communicated with Abramjee regarding any case before the court nor the case that gave rise to the SMS.Mpati said Abramjee stated under oath that at no stage did he discuss, nor was he alerted to, or given any information by any judge, registrar’s clerk, or any employee of the court in relation to the rescission application brought by the public protector.
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