ActionSA leader Herman Mashaba has been vindicated from suspended public protector Busisiwe Mkhwebane’s report into allegations of maladministration in the City of Johannesburg.
This after the high court in Pretoria ruled on Tuesday that Mkhwebane’s findings were “unconstitutional, unlawful, and invalid”.
In a statement, Mashaba expressed relief, noting that the high court judgment marks an end to a protracted and frivolous court battle.
“This ruling brings to an end a long legal battle to clear my name, where I was willing to take the allegations to court and challenge them publicly. Today, I am vindicated by the ruling, proving that I always acted ethically during my time in the City of Johannesburg, and in accordance with the law,” Mashaba said.
“Before she was suspended, public protector Busisiwe Mkhwebane’s report into my time as the executive mayor of the City of Johannesburg erroneously found that I exercised undue political influence by unlawfully and irregularly entering the procurement space and interfering and influencing the giving of a grant in contravention of national legislation and prescripts. This is simply not true, and the high court agreed.”
However, Mashaba said he is not surprised by the judgment, noting that Mkhwebane has a record of failing to defend her work in court bids.
He said Mkhwebane is yet to win a case in defence of her work, which is currently being scrutinised in Section 194’s parliamentary inquiry into her fitness to hold office.
“While we are pleased with this result, we are unsurprised at this outcome, given that advocate Mkhwebane has yet to win any meaningful court bid defending her work since she assumed office,” Mashaba said.
“Advocate Mkhwebane has even been excoriated by South Africa’s apex court, which questioned her motives and her understanding of the law. This is the latest example in a laundry list of adverse findings against her by South Africa’s courts.”
Mashaba maintains that Mkhwebane was using her office to interfere in political matters, saying he is looking forward to the end of her tenure.
“We look forward to her reign of terror coming to an end later this year, and look forward to parliament applying itself to the appointment of a public protector who can discharge their role with credibility and without fear or favour.”
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