2 hours ago
23
Impeached former public protector Busisiwe Mkhwebane has expressed disappointment after the Supreme Court of Appeal (SCA) dismissed her application to appeal the judgment that led to her impeachment in 2023.
Mkhwebane appealed the high court's decision to dismiss her application to recuse parliamentary committee chair Qubudile Dyantyi and committee member Kevin Mileham from the impeachment inquiry.
“In light of the recent judgment by the SCA I find myself deeply disappointed and disheartened. As a former public protector I lodged the appeal with the hope of seeking justice and clarity,” Mkhwebane said.
“The SCA's decision to strike my appeal marks a setback, not just for me personally but for all those who believed in my role as a protector of public rights and accountability. This experience has been one of disappointment and frustration, revealing a deeply ingrained bias that continues to obstruct genuine justice.”
She blamed her many failures in courts on others, particularly people of “Indian descent”.
“These individuals include Pravin Gordhan, [Nazreen] Bawa [evidence leader], [Zuraya] Adhikarie [chief legal adviser of parliament], Hassan Ebrahim [so-called expert witness], Ivan Pillay [witness] and Fatima Ebrahim [legal adviser of parliament]. [SCA] judge [Nathan] Ponnan's attitude further underscores the challenges and biases I have faced in my quest for justice.
“It was evident that Ponnan, leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings.”
On Tuesday, Ponnan criticised Mkhwebane's counsel Dali Mpofu for how the appeal was litigated, describing it as “dead on arrival”.
“Counsel for Mkhwebane, who seemed not to be sufficiently well-versed in the relevant authorities, was of little to no assistance to the court,” said Ponnan.
“Exasperated sighs, soapbox oratory, empty rhetoric, political posturing, theatrical gestures and long-winded dismissive non-sequiturs have no place in a courtroom.”
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