The Herald (South Africa)

Mkhwebane fights personal costs order

- Claudi Mailovich

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.

 ??  ?? BUSISIWE MKHWEBANE
BUSISIWE MKHWEBANE

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