In the space of two days, public protector Busisiwe Mkhwebane “flatly contradicted herself, on oath, in two affidavits”, said President Cyril Ramaphosa’s attorney in an affidavit filed to the Constitutional Court.
Under the code, the president and cabinet ministers may not “wilfully” mislead parliament. But the 2007 ministerial handbook wrongly altered that clause to read that they may not “deliberately or inadvertently mislead” parliament.
However the ministerial handbook was never gazetted, as any amendment to the code must be. In his affidavit to the ConCourt, Ramaphosa’s attorney Peter Harris said that the handbook was only ever a secondary source of the code. For Mkhwebane to now say that the ConCourt had endorsed the handbook version of the code was “far-fetched and entirely unfounded”, he said.
Yet in a different case, which had been running at the same time, against public enterprises minister Pravin Gordhan, Mkhwebane had insisted that the handbook version was the correct one.
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