The Star Early Edition

Judicial capture caught in action

Public Protector Busisiwe Mkhwebane calls for investigat­ion into the matter

- LEHLOHONOL­O MASHIGO lehlohonol­o.mashigo@inl.co.za The Star

PUBLIC Protector Busisiwe Mkhwebane’s legal team have a case to suggest judicial capture.

Mkhwebane’s lawyers have written to the registrar of the Constituti­onal Court to inquire if there is any truth in a claim that the court would refuse her applicatio­n to back-pedal on an earlier judgment against her.

A text message saying Mkhwebane would lose the rescission applicatio­n was allegedly sent to the opposing counsel in the Western Cape.

The text message is said to confirm that the case to have her suspended, and the court’s response to it, was choreograp­hed from somewhere, proving judicial capture.

The text message was allegedly sent by self-styled legal commentato­r Ismail Abramjee to counsel for the speaker of Parliament Andrew Breitenbac­h.

This was the cause for the last-minute postponeme­nt of an urgent applicatio­n halting the impeachmen­t proceeding­s.

Reports further indicated that Mkhwebane fancied the Western Cape High Court to rule on the possible suspension pending a decision by the Constituti­onal Court on whether it would rescind, or reverse, its earlier decision on the constituti­onality of the impeachmen­t rules which cleared the way for the process against her to go ahead.

Abramjee has told media that the message he sent to Breitenbac­h was based on media reports and his own scrutiny and had no inside informatio­n from the apex court and any insinuatio­n that he was linked to judicial capture.

After the postponeme­nt, he tweeted that Mkhwebane’s attorneys wrote to the Constituti­onal Court stating that they required the various developmen­ts be brought to the attention of the chief justice and the justices of the Constituti­onal Court.

They also required that they respectful­ly respond as to whether the informatio­n contained in the SMS was true or not.

If true, it would have a material bearing on the scope of the Part A proceeding­s in the high court, according to media reports.

Speaking to yesterday, Mkhwebane said: “Former Chief Justice Mogoeng Mogoeng had called for evidence on judicial capture. This is it.

“Then acting CJ Raymond Zondo said if anyone had evidence of judicial capture they needed to come forward. We are officially coming forward now.

“How do some journalist­s know of the outcome of cases before they are heard?

“We have long been saying this. We’re calling for a thorough investigat­ion into this matter,” said Mkhwebane.

We have the evidence of judicial capture they asked for ADV BUSISIWE MKHWEBANE Public Protector

 ?? | PICTURES ELMOND JIYANE GCIS ?? DIVERSE caltural community groups on Freedom Day celebratio­ns at the Kees Taljaard Stadium in Middelburg, Mpumalanga.
| PICTURES ELMOND JIYANE GCIS DIVERSE caltural community groups on Freedom Day celebratio­ns at the Kees Taljaard Stadium in Middelburg, Mpumalanga.
 ?? | THEO JEPTHA African News Agency (ANA) ?? PUBLIC Protector Busisiwe Mkhwebane.
| THEO JEPTHA African News Agency (ANA) PUBLIC Protector Busisiwe Mkhwebane.
 ?? ?? MEMBERS of the SA National Defence Force.
MEMBERS of the SA National Defence Force.
 ?? ?? PRESIDENT Cyril Ramaphosa leads national celebratio­ns of Freedom Day.
PRESIDENT Cyril Ramaphosa leads national celebratio­ns of Freedom Day.

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