The Constitutional Court on Friday dismissed public protector Busisiwe Mkhwebane’s application to overturn its ruling in favour of an impeachment inquiry into her fitness to hold office.
In dismissing her application, the apex court said it would not entertain any further arguments because Mkhwebane’s application did not establish any rescindable errors in the judgment.
It ruled: “There are also no exceptional circumstances that warrant the rescission of the judgment.”
“Therefore, the court has concluded that the application should be dismissed as no case has been made out for rescission. The court has concluded that the application for direct access should be dismissed as no case has been made out for direct access.”
The ConCourt’s ruling came shortly after Mkhwebane opened a criminal case against Ismail Abramjee regarding a text message Abramjee sent to Andrew Breitenbach, the lead senior counsel for Speaker of the National Assembly.
In the controversial text, Abramjee indicated that he had it “on good authority” that the ConCourt had decided to dismiss the public protector’s rescission application.
Mkhwebane suggests that the apex court’s decision was leaked to Abramjee before it could be made public.
“The decision in question has a profound bearing on the proceedings before the Western Cape High Court. The leaking of such sensitive information, if established, will also have a huge bearing on the rule of law and the independence of the judiciary,” said Mkhwebane in a statement on Wednesday.