ConCourt ruling on suspension now irrelevant, says Mkhwebane

14 Jun 2023

Public Protector Busisiwe Mkhwebane wants the Judicial Service Commission (JSC) to make a finding against the Constitutional Court for failing to deliver judgment on the matter that was heard on an urgent basis in November 2022.

Busisiwe Mkhwebane - Figure 1
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Suspended Public Protector Busisiwe Mkhwebane on 13 June 2023 releases supposed audio clips about alleged R600,000 bribery attempt by ANC members of Parliament and the chairperson of the Section 194 Parliamentary inquiry into her fitness to hold office. Picture: Jacques Nelles/Eyewitness News

JOHANNESBURG - Public Protector Busisiwe Mkhwebane said the Constitutional Court ruling on her suspension by President Cyril Ramaphosa was now irrelevant and would only be useful for academic purposes.

Mkhwebane wants the Judicial Service Commission (JSC) to make a finding against the Constitutional Court for failing to deliver judgment on the matter that was heard on an urgent basis in November 2022.

In September, the Western Cape High Court ruled that Ramaphosa's suspension of Mkhwebane was unlawful, and the president took the matter to the apex court.

On Tuesday, Mkhwebane released recordings that backed claims of a meeting between her husband and now-deceased member of Parliament (MP) Tina Joemat-Pettersson who she alleged was trying to solicit a R600,000 bribe to make the Section 194 inquiry against her disappear.

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Mkhwebane accused the judiciary of killing the African National Congress (ANC) MP by delaying handing out the judgment on her suspension.

"It is fair to say that if the Chief Justice and the Constitutional Court judges had complied with their constitutional obligations, Mrs Tina Joemat-Pettersson might also still be alive because we wouldn’t be finding ourselves in this situation."

In addition to her complaint with the JSC, Mkhwebane said she also planned on lodging a separate complaint against Chief Justice Raymond Zondo and Constitutional Court judge, Jody Kollapen.

"In respect of their alleged role in the scandal involving the leakage of a decision of the Constitutional Court to warn Ismail Abramjee."

Meanwhile, Parliament refused to respond to Mkhwebane’s claims, saying it would show a lack of sensitivity and respect for Joemat-Pettersson’s family.

WATCH: 'The biggest corruption scandal to hit SA's Parliament' - Mkhwebane shares alleged bribe clips

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