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Mkhwebane had attempted to challenge an October ruling dismissing his request for an interim order to prevent National Assembly Speaker Thandi Modise from going ahead with a motion for his removal.
Public protector Busisiwe Mkhwebane at the Johannesburg Constitutional Court on July 22, 2019. Image: Sethembiso Zulu / EWN
CAPE TOWN – The Western Cape High Court has denied public protector Busisiwe Mkhwebane permission to appeal her ruling, paving the way for a parliamentary inquiry into her fitness for office.
Mkhwebane had tried to challenge an October ruling, which rejected his request for an interim order to prevent National Assembly Speaker Thandi Modise from going ahead with a motion for his removal.
READ MORE: Modise announces a three-member panel to decide on Mkhwebane’s fate as pp
The matter was known last week and a sentence was issued on Wednesday.
Mkhwebane’s request was opposed by the president of the National Assembly, the first respondent, the president, the second respondent, and the Democratic Alliance, which is listed as the 10th respondent.
In rejecting the request, the court held, among other things, that the impeachment process of an official of a Chapter 9 institution is a serious mechanism for accountability under the Constitution and a court should not lightly interfere with such processes.
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In his appeal documents, the Public Protector argued that failing to grant him a provisional order could get it suspended even before the parliamentary rules are constitutionally proven.
The court has determined that there is no prospect of success on the appeal.
Mkhwebane was ordered to pay the costs of the speaker and another defendant.
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