The office of Chief Justice Raymond Zondo confirmed that he would, by next week, complete the investigations into the allegations of a leaked SMS containing the high court’s decision on the Public Protector Busisiwe Mkhwebane’s rescission application.
Mkhwebane was appealing the inquiry by the Parliament’s Committe for Section 194 into her fitness to hold office when the SMS was leaked earlier in May.
Mkhwebane was not pleased that parliament’s Committee for Section 194 Enquiry resolved to go ahead with the impeachment inquiry into her fitness to hold office even though the issue of the leaked SMS was still being investigated.
This came after the committee, established in April 2021 to determine if there are grounds for the removal of Mkhwebane as the public protector, announced that she would finally get a chance to defend herself in parliament in July.
She suggested that all “reasonable people and institutions” wait for the findings into the SMS probe.
“No legitimate court or parliamentary step ought to be taken until the outcome of the pending investigation is known,” Mkhwebane said in May affirming that she would leave no stone unturned in the quest for justice.
Deputy director of communications Lusanda Ntuli said in a statement on Thursday: “that the Chief Justice wishes to indicate that the investigation that he initiated regarding Ismail Abramjee’s SMS is close to completion. It is contemplated that it will be completed by the end of next week or in a few days thereafter.”
This as Mkhwebane revealed the findings of her investigation into the matter. Speaking at a media briefing earlier this week, Mkhwebane said she had closed the investigation which unveiled cellphone records relating to numbers that were on the leaked SMS, and forwarded the information to the hawks and the Judicial Service Commission.
Mkhwebane confirmed that the investigation into Abramjee’s text message claiming to have it “on good authority” that the Constitutional Court would dismiss her rescission case, revealed 18 calls between him and Justice Jody Kollapen.
She also revealed that there was contact between Abramjee and a number reasonably suspected to be used by Gauteng Judge President Dunstan Mlambo on the day the SMS was sent.
According to Zondo’s office, Kollapen and Mlambo have denied ever discussing the outcome of Mkhwebane’s rescission application before it was made final.
Said Ntuli: “The Chief Justice also wishes to indicate that, within days after Mr. Abramjee’s SMS saga had arisen, Justice Kollapen informed the Chief Justice and other Justices of the Constitutional Court that he had known Mr. Abramjee for many years and they live in the same area. He also informed the Chief Justice and other Justices of the Constitutional Court that he and Mr. Abramjee are members of the Pretoria Legacy Foundation and that he and Mr. Abramjee do interact with each other, including by calling each other. He also pointed out that Mr. Abramjee also attended a function sometime in March this year which was organised by the Pretoria Legacy Foundation in this (Justice Kollapen’s) honour.”
Ntuli says, Justice Mlambo told the Chief Justice that he also attended the function where he met Abramjee for the first time and never met him thereafter.
“Justices also stated that they never disclosed to Mr. Abramjee any confidential information concerning any case at the court,” Ntuli said.
Also read: Mkhwebane to lay criminal charges against Ismail Abramjee
Mkhwebane disappointed at decision to proceed with impeachment probe
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