Cape Times

Presidency welcomes court ruling against Mkhwebane

- LOYISO SIDIMBA and SIHLE MAVUSO

THE Presidency has welcomed the North Gauteng High Court’s finding over the R500 000 donation to President Cyril Ramaphosa’s CR17 campaign, saying it reaffirmed the president’s argument that there was no factual basis for Public Protector Busisiwe Mkhwebane’s findings in the matter.

In a scathing judgment delivered by a full Bench of the high court, Judge-President Dunstan Mlambo and Judges Keoagile Matojane and Raylene Keightley found that Mkhwebane’s report was fundamenta­lly flawed, and declared it invalid and set it aside.

“There are some fundamenta­l difficulti­es with the public protector’s findings that the president misled Parliament. To begin with, it is apparent from the report that the public protector was confused about the legal foundation of her findings,” the judgment said.

According to Judge Matojane, the Executive Ethics Code states that members of the executive may not wilfully mislead the legislatur­e, “but for some inexplicab­le reason, Mkhwebane reframed the section and included ‘deliberate­ly and inadverten­tly mislead the legislatur­e’.

“Her purported excerpt from the quote is even more fundamenta­lly problemati­c than this. The public protector replaces wilfully with deliberate­ly or inadverten­tly. These errors and confusion are repeated throughout the report,” said Judge Matojane.

He said Ramaphosa was correct in his assertion that Mkhwebane’s confusion permeated her entire considerat­ion of the issue.

“Her confusion is borne out by her ultimate conclusion, which is difficult to understand,” the judge said.

Mkhwebane was ordered to pay the legal costs of Speaker Thandi Modise

and National Director of Public Prosecutio­ns Shamila Batohi, against whom she also issued remedial action, and who both wanted the report reviewed and set aside.

Mkhwebane’s spokespers­on, Oupa Segalwe, said a decision on whether she would appeal would be made after studying the judgment.

Modise has also welcomed the Gauteng High Court’s decision.

“In setting aside the public protector’s remedial actions and monitoring mechanism, the court found that they were inappropri­ate, ineffectiv­e, encroached on Parliament’s constituti­onal functions and responsibi­lities and were contrary to the doctrine of separation of powers,” Modise said.

The EFF, meanwhile, said the ruling was “bizarre”.

The party said it would take the legal fight to the Constituti­onal Court.

“We reject the logic that Ramaphosa did not personally benefit from the CR17 campaign funds.

“We also reject the conclusion that he therefore did not have to declare the funds of the CR17 campaign to Parliament,” the

EFF said.

Political analyst, Professor Sipho Seepe, said: “Nothing (is) surprising about the Court outcome regarding CR funding. I would have been shocked if the court had ruled in favour of the PP. The line of questionin­g was clear-cut.”

 ??  ?? PUBLIC Protector Busisiwe Mkhwebane’s report on President Cyril Ramaphosa’s CR17 election campaign was set aside in the North Gauteng High Court yesterday.
PUBLIC Protector Busisiwe Mkhwebane’s report on President Cyril Ramaphosa’s CR17 election campaign was set aside in the North Gauteng High Court yesterday.

Newspapers in English

Newspapers from South Africa