Ramaphosa vs Mkhwebane: Court sets aside Mkhwebane’s ‘irrational, reckless’ CR17 report By Greg Nicolson
Public Protector Busisiwe Mkhwebane failed to understand her jurisdiction and failed to correctly apply the law and assess the evidence before her, a full bench of the North Gauteng High Court ruled on Tuesday as it set aside Mkhwebane’s report on President Cyril Ramaphosa’s campaign finances for the ANC’s 2017 national election.
“The public protector acted unlawfully in exercising her powers in the manner that she did in this matter,” said Gauteng Judge President Dunstan Mlambo while overturning and setting aside Mkhwebane’s report on Tuesday. The court found he acted in good faith and Mkhwebane’s finding was “fatally flawed due to a material error of law” and that she “reached an irrational and unlawful conclusion on the facts before her”.
The court found that the public protector, who is mandated to investigate public matters, overstepped her jurisdiction by delving into private affairs and conflated the CR17 campaign with the Presidency. While there are widespread allegations of corruption against Watson and Bosasa, Mkhwebane had no evidence that the donation to the CR17 campaign came from the proceeds of crime.
The public protector can notify the NPA of a finding so it can decide whether to investigate and prosecute, but Mkhwebane’s instruction to the NDPP to provide a plan of action on investigating Ramaphosa for money laundering encroached on the NPA’s prosecutorial independence, the court found.
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