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It was a defining moment for the Public Protector, as Friday’s Superior Court ruling paved the way for the investigation to continue.
FILE: Advocate Busisiwe Mkhwebane presents her findings against President Cyril Ramaphosa. Image: EWN
CAPE TOWN – Public protector Busisiwe Mkhwebane on Friday lost the first league of her court request to stop a parliamentary inquiry into her fitness for office.
The Western Cape High Court dismissed Mkhwebane’s provisional injunction to suspend the proceedings, pending judicial review of the decision of the Speaker of the National Assembly Thandi Modise to accept a motion calling for his impeachment.
Mkhwebane is also challenging the new National Assembly rules regarding the removal of a director from a Chapter 9 institution.
It was a defining moment for Mkhwebane, as the Supreme Court ruling on Friday paved the way for the investigation to continue.
Your application was divided into two parts.
In Part A, Mkhwebane wanted a provisional injunction to suspend removal proceedings. Part B of his application was related to declaring illegal, unconstitutional, invalid, null the rules for the removal of a head from Chapter 9.
Mkhwebane also wanted the court to declare that the rules did not operate retrospectively against her. He also wanted the National Assembly’s decision to adopt the rules to be reviewed and set aside.
In issuing his ruling, Judge Vincent Saldanha said that the speaker had a critical role in the process to remove Mkhwebane under the new rules and that he should act fairly and impartially.
By dismissing part A of his application, Saldanha also ordered Mkhwebane to pay the costs of Modise and the National Assembly.
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