Half-time discussion
If this was a football match, a definite topic for discussion during half time was that the judge heard argument on the whole case, and did not decide whether the case was truly urgent before hearing the rest of it, as is often done in urgent cases.
Urgency was one of the weaker points in Baloyi’s case. As Mpofu said: “It is common cause that the allegations that are made about Nkwinti, Gordhan, Mcbride and all these people, on her version, happened in about April, May of this year … And here we are now on the verge of December … You [Baloyi] allow all these bad, bad things to happen in front of your eyes, April, May, June, July, August, September, October. And then some time on the 7th of November, it’s urgent. The court must stop everything, all other litigants must wait.”
In theory Judge Mmonoa Teffo could still dismiss the case on urgency. But, after hearing a whole day of argument, it is unlikely. Mind you, the judge was giving nothing away. She asked very few questions and maintained an impenetrable poker face.
But even if Baloyi loses the case, the damage has perhaps already been done. Her allegations, from someone on the inside of the office of the public protector, shore up the view that Mkhwebane is pursuing an agenda outside of her constitutional mandate. These allegations are another block in a case that is slowly collecting against Mkhwebane — that she is not fit and proper for her job.
In this way this case could be less like a Pirates versus Chiefs derby and more like that match between Maritzburg United and Black Leopards, which, because of points and goal difference, could decide whether Chiefs or Pirates wins the league.