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Former public protector Busisiwe Mkhwebane has apologised for her recent racial remarks when she claimed she was targeted by judicial officers of Indian descent after losing a case.
After the Supreme Court of Appeal (SCA) dismissed her appeal on Wednesday against the Western Cape High Court ruling on her impeachment inquiry, Mkhwebane expressed disappointment and alleged her misfortunes were caused by people of Indian descent.
“I don't mean to cause any perception that I am attacking the legal advisers. They are hardworking, and at the end of the day, yes, I'm prepared to [apologise] if they think it's like that,” she said in an interview on SABC, claiming her message was misinterpreted.
Parliament had criticised Mkhwebane's remarks. She accused late former minister Pravin Gordhan, evidence leader Nazreen Bawa, chief legal adviser of parliament Zuraya Adhikarie, legal adviser of parliament Fatima Ebrahim, witnesses Hassan Ebrahim and Ivan Pillay and SCA judge Nathan Ponnan of being the reason behind her failures.
“It was evident that Ponnan, leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings,” she said previously.
She later defended herself, saying: “It's concerning for parliament to think it's a racial slur. If you read that post again and again and ask yourself whether I was discriminating, being racist or being hateful, I'm mentioning what the current situation is. I'm willing to say, 'OK, let's forget about race' — and let me mention them by name or even mention that my challenge also stems from what the late Pravin Gordhan did to my demise.”
Mkhwebane said she highlighted the individuals of Indian descent after reflecting and noticing a pattern.
“For me, it's a trend I was contemplating while sitting and asking myself, what do I make of this? I am not insulting any person, nor is it a fact that they are of Indian descent.
“My biggest challenge is also that the investigation of the so-called rogue unit, and the treatment I received from Gordhan, perpetuated all this persecution. It's as if I was fighting him while doing my work. I don't understand why it is perceived as if I am attacking Indians.
“I am raising an issue for debate, and I am saying it's concerning this is at the centre of what Gordhan tried to put forward.”
Mkhwebane was impeached for misconduct and incompetence in September 2023.
“I'm not fighting for myself; I'm fighting for the system. You can't treat a constitutional institution incumbent the way I was treated. What about an ordinary public servant or a person on the street? If you allow legislators to treat a chapter 9 institution like this, the high court should not turn a blind eye.
“The Supreme Court of Appeal also turned a blind eye. The matter is struck off the roll. How do we ensure the merits are heard? And how do you indicate and take a decision on whether it's acceptable for people to abuse their positions and even use the courts to violate the rights of constitutional institutions' rights holders?”
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