The Herald (South Africa)

Impeachmen­t process tainted, Mkhwebane says in affidavit

- Franny Rabkin

There was no conceivabl­e scenario in which the impeachmen­t process against her was untainted, public protector Busisiwe Mkhwebane said in an affidavit to the Western Cape High Court yesterday.

Mkhwebane’s affidavit was filed in support of an applicatio­n to put additional evidence before the court, which is due this week to hear an urgent applicatio­n to put a halt to the impeachmen­t process in parliament and prevent her possible suspension by President Cyril Ramaphosa. The affidavit sets out what has happened since an SMS from Ismail Abramjee was sent to Andrew Breitenbac­h SC, counsel for the speaker of parliament.

The SMS said: “Hello Adv Breytenbac­h [sic], Re: The public protector case tomorrow. I have it on very good authority that the ConCourt has declined to hear the public protector’s rescission applicatio­n.

“The decision will be made known some time this coming week but not later than Friday.

“I thought I’d share this with you on a strictly confidenti­al basis. Thanks.”

The SMS related to an applicatio­n by Mkhwebane to the Constituti­onal Court, then pending, to rescind its February judgment that cleared the way for an impeachmen­t process to get under way.

Breitenbac­h was counsel in the Western Cape High Co urt case, which was a separate but related case for an interim interdict to prevent the impeachmen­t process, pending the outcome of the rescission applicatio­n. After the parties wrote to the apex court about the SMS, it said it would investigat­e the allegation and the outcome of the rescission applicatio­n would be communicat­ed to them.

On May 6, the Constituti­onal Court dismissed the rescission applicatio­n.

Last week, parliament decided to press ahead with its impeachmen­t process and Ramaphosa gave Mkhwebane a deadline to tell him why he should not suspend her.

A letter on Thursday from the president’s lawyers said May 20, but after discussion between the legal teams, the deadline is now May 26.

In her affidavit yesterday, Mkhwebane said other than that the court’s order was “one week later than foretold, the order handed down on May 6 2022 confirmed exactly Mr Abramjee’s illegal SMS”.

He knew what the decision was and, more disturbing­ly, he knew the decision would be given without the court issuing directions, asking for further affidavits or holding a hearing.

There was “no conceivabl­e scenario in which the current impeachmen­t process is legitimate and untainted”, she said.

Mkhwebane has since applied to the Constituti­onal Court for its refusal to rescind itself to be rescinded on the basis the investigat­ion into the potential leak has yet to be completed.

 ?? Picture: THAPELO MOREBUDI/FILE ?? PLAYING FOR TIME: Public protector Busisiwe Mkhwebane is fighting her impeachmen­t process
Picture: THAPELO MOREBUDI/FILE PLAYING FOR TIME: Public protector Busisiwe Mkhwebane is fighting her impeachmen­t process

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