Cape Town - The Constitutional Court has dismissed a second attempt by suspended Public Protector advocate Busisiwe Mkhwebane to challenge the rules for her impeachment, and handed her a personal costs order having found the bid to be an abuse of the court process.
Mkhwebane had applied to the Concourt to rescind its decision not to revoke its judgment of February 2022 when it upheld the separation of powers arguments regarding the appointment of a judge to the Section 194 independent panel.
In May the ConCourt dismissed Mkhwebane’s application for a rescission, stating that it had not established any rescindable errors in the court’s judgement and that no exceptional circumstances existed that warranted a rescission of its decision.
In the latest order, the Concourt again held that the application should be dismissed, as no case had been made out for rescission.
Meanwhile, an executive manager at the Public Protector of SA (PPSA) has told Parliament’s inquiry into Mkhwebane’s fitness to hold office that she and other employees were harassed and victimised before they lost their jobs.
Ponatshego Mogaladi, who worked at the PPSA for 19 years, was dismissed along with chief investigator Lesedi Sekele and another chief investigator, Abongile Madiba, after allegations of gross negligence or recklessness, unprofessional conduct and gross dereliction of duty.
Evidence leader Ncumisa Mayosi led Mogaladi, who was reinstated in July this year after Mkhwebane lost a long-running case against her, through her affidavit and focused on the charges of misconduct and incompetence made against her by Mkhwebane.
Mogaladi said she was threatened with disciplinary action by Mkhwebane for failing to meet deadlines with regards to the submission of reports, even though at the time she had been going through traumatic personal circumstances.
She said that Mkhwebane nonetheless directed Mahlangu to take disciplinary measures against her, Sekele and Madiba, who died from a stroke shortly after he was dismissed from the job at the PPSA.
mwangi.githahu@inl.co.za