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This year marks the true turning point in her controversial tenure as one of the country’s leading corruption fighters.
ARCHIVE: Public Protector Busisiwe Mkhwebane. Photo: Abigail Javier / EWN
CAPE TOWN – It has been a terrible year for public protector Busisiwe Mkhwebane, whose job is now on the line while in the crosshairs of Parliament.
Mkhwebane is no stranger to the courts and has fought numerous court battles since her appointment.
But this year marks the true turning point in her controversial tenure as one of the country’s leading corruption fighters.
READ: 8 legal challenges that overturned Mkhwebane’s reports and findings
Mkhwebane’s 2020 has been marked by two major court defeats.
The most recent was related to the now infamous Sars report called a ‘rebel unit’ that saw his find against Pravin Gordhan.
The Pretoria High Court found in December that she had acted outside its jurisdiction and relied on a discredited report.
“We are satisfied that the report is the product of a totally irrational process, devoid of any solid legal or factual basis,” said Gordhan’s attorney, Tebogo Malatji.
“And this is what we have been saying all along.”
ALSO READ: Mkhwebane Report on Gordhan, Sars’s ‘Rogue’ Unit Left Behind
The second major loss of the year relates to his case in the Western Cape Superior Court.
He had approached the courts to stop a parliamentary inquiry into his fitness for office.
The investigation stems from a complaint filed by the chief prosecutor, Natasha Mazzone.
“This year’s president granted in a very important way the district attorney’s request that a motion of no confidence be filed against the Public Protector, Attorney Busisiwe Mkhwebane. That committee is currently sitting and has asked for an extension of its work. “
With the court ruling, Parliament was free to appoint an independent panel to investigate the complaint.
A CASE TO ANSWER?
In November, the Speaker of the National Assembly, Thandi Modise, announced a three-member panel that will decide whether or not Mkhwebane has a case to answer.
The panel consists of Judge Bess Nkabinde, lawyer Dumisa Ntsebeza SC and lawyer Johan De Waal SC.
READ: Modise Announces 3-Member Panel To Decide On Mkhwebane’s Fate As Public Protector
In early December, the independent panel was granted an extension to carry out its work.
The panel requested that the 30-day period prescribed in the rules for conducting the investigation be extended to 90 days, starting on November 25.
You have already had your first meeting.
This means that the first two months of 2021 will be critical to Mkhwebane’s survival, as the panel receives and considers submissions during its investigation.
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