Mkhwebane fights personal costs order
IF the court were to grant a personal costs order in the review application of the Vrede Dairy Farm report against public protector Busisiwe Mkhwebane, it would be aiding and abetting the DA in interfering with her office, Mkhwebane said.
In an answering affidavit filed by Mkhwebane in response to the DA’s review application of the controversial report, she says that would be both unconstitutional and criminal.
The DA and the Council for the Advancement of the South African Constitution (Casac) have both taken the report, which has widely been described as a whitewash, on review.
Both the DA and Casac have asked that punitive costs be awarded against her.
“A personal costs order against me is, in effect, an interference with the functioning of the public protector,” she said.
“Section 181(4) of the constitution prohibits any person from interfering with the functioning of the public protector. So does the Public Protector Act, which makes such interference a criminal offence.”
Mkhwebane has already once been ordered to pay parts of the costs in her personal capacity, in the review application of the Absa/Ciex report.
Mkhwebane has applied to the Constitutional Court for direct access or, alternatively, direct leave to appeal against the judgment of the Absa report.
She said the costs order would adversely affect the public protector exercising her constitutional power and functions without fear, favour or prejudice.