The Supreme Court of Appeal (SCA) has struck former Public Protector Busisiwe Mkhwebane's appeal application from the roll.
The judge was also critical of Advocate Dali Mpofu for 'losing all objectivity'.Former public protector Busisiwe Mkhwebane will have to fork out legal costs after the Supreme Court of Appeal dismissed, and criticised, her “frivolous” appeal application.
“To understand the decision-making process, those who practice in this court are expected to have more than just a nodding acquaintance with the relevant rules, as also the established jurisprudence of this court.Mkhwebane takes impeachment fight to SCA, argues her rights were violated Mkhwebane argued that Dyantyi was biased against her and claimed Mileham had a conflict of interest due to his wife being DA MP Natasha Mazzone.Despite the ongoing legal battle, the National Assembly proceeded with Mkhwebane’s impeachment last September, as there was no interdict or court order in place to stop the process.
“The stance adopted by the respondents throughout had always been that Ms Mkhwebane was improperly using the cloak of her office to advance her personal interests in the litigation.”Ponnan further stated that Mkhwebane has already been removed from office as a result of her impeachment, thus, the Section 194 Committee has ceased to exist.
“She urges this court to enquire into the legality of three interlocutory rulings, made during the enquiry by the Section 194 Committee and she asks for those rulings to be set aside and substituted.“But the inquiry is over, the National Assembly has impeached her, she has been removed from office and a new public protector has been appointed,” the judge said.
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