Cape Town - Acting Public Protector Kholeka Gcaleka has stuck to her guns over the funding of some of suspended Public Protector Busisiwe Mkhwebane’s court battles, saying the decision to withdraw their participation from all Mkhwebane’s pending litigation was in the best interest of the chapter 9 institution.
Gcaleka informed the registrar of the Western Cape High court, Mkhwebane, Parliament, the DA and President Cyril Ramaphosa of her intention to deliver notices of withdrawal of the application for leave to appeal and amended notice of motion.
In a statement on Thursday she confirmed that the organisation would not fund Mkhwebane’s appeal against the recent Western Cape High Court decision where she sought to obtain an urgent interdict to prevent her suspension.
Mkhwebane will also have to fund the rescission application pending before the Constitutional Court from her own pocket and the defamation of character lawsuit against the DA.
However, the institution said it would fund Mkhwebane's challenge of her suspension, her defence during the impeachment proceedings and the perjury criminal case.
Gcaleka said: “Mkhwebane’s legal representatives should have obtained a power of attorney from the Acting Public Protector prior to filing an amended notice of motion in respect of Part B of the application before the Western Cape High Court on 17 June, 2022, as well as a notice of application for leave to appeal the Western Cape High Court decision on Part A on 4 July, 2022.
“The legal representatives’ last authority to act on behalf of the PPSA was signed as far back as 2019 by the then-CEO to challenge the Parliamentary Rules for the removal of office bearers of Institutions Supporting Constitutional Democracy.
“The escalation of the matters beyond the scope of the instructions that they were originally appointed for, fiscal responsibilities in ensuing financial years as well as the litigation strategy in the name of the PPSA to pursue and enforce the rights and interests of Adv Mkhwebane affected both the liability and legal standing of the Acting Public Protector and the PPSA in these matters.”
Parliament confirmed receipt of the correspondence from Gcaleka in connection with litigation involving Mkhwebane in the Western Cape High Court.
“Parliament has taken note of the acting Public Protector’s intentions on the matter and will await any further directions from the court,” spokesperson Moloto Mothapo said.
Accountability Now director Paul Hoffman backed Gcaleka, saying: “She is now in charge. It is up to her to decide as the person in charge whether the money of the people of South Africa should be spent on preserving the career of Busisiwe Mkhwebane, who is suspended.”
Mkhwebane could not be reached for comment.
Cape Times