Impeached former Public Protector Adv Busisiwe Mkhwebane.
Impeached former Public Protector Adv Busisiwe Mkhwebane is in hot water following her recent social media post following the dismissal of her appeal at the Supreme Court of Appeal (SCA).
Mkhwebane who angered the Office of the Chief Justice expressed her discontentment on her X social media page, that her ongoing legal battles have continuously implicated well known persons mainly of Indian ethnicity who have positioned themselves as her “persecutors”.
The former PP singled out Justice Ponnan and Nazreen Bawa, who led evidence in her impeachment inquiry, as well as the late minister Pravin Gordhan.
The Office of the Chief Justice said embattled Mkhwebane’s remarks on social media show a lack of understanding of the functions of the judiciary.
"The Supreme Court of Appeal sits as a panel of five judges and there is no ranking when it comes to a judge deciding on behalf of the others,” Judiciary spokesperson Judge Cagney Musi explained.
Musi said judges are not appointed to sit on cases based on their ethnicity.
"It is firstly based on availability and sometimes based on seniority. So, Judge Ponnan did not decide he wanted to sit on this case, and it is, therefore, totally unfair and uncalled for. There are four other judges who could have voted against Judge Ponnan, but this was a unanimous judgment.”
Justice Visvanathan Ponnan also lambasted the handling of the matter by former PP’s legal representative, Adv Dali Mpofu, saying soapbox oratory and political posturing do not belong in the courtroom.
Gabriel Crouse of Institution of Race Relations, Gabriel Crouse, said it is not astonishing that Mkhwebane has resorted to race-baiting as a means of deflecting from her failures in her ongoing court battles.
Crouse says Mkhwebane is playing the race card in an imprudent way.
“It shouldn’t be too much of a surprise that Indian South Africans get picked on because it’s the smallest minority and so in a kind of raw numbers sense. They’re the most vulnerable. And also of the four race groups, per capita the second wealthiest. So, the kind of idea that it’s okay to target someone on the basis of their race if their race group is per capita relatively wealthy, kind of leaves Indians a bit exposed. Mkhwebane has leaned into this heavily in this moment of her own failure in her court application and it’s to her discredit.”
Spokesperson for the National Assembly Moloto Mothapo said the institution is discontent about Mkhwebane’s unsubstantiated utterances.
“The unwarranted attack on these officials and racial slurs used by Advocate Mkhwebane are unfortunate particularly in a democratic society like ours where human dignity ought to be protected and respected. As a member of Parliament, a public representative, who owes allegiance to our constitution, Advocate Mkhwebane has a responsibility to promote and protect the values enshrined in the constitution as they are the cornerstone of our democracy,” Mathapo pronounced.
The Congress of South African Trade Unions (Cosatu) has also added its voice to condemn Mkhwebane’s social media post following the dismissal of her appeal at the SCA.
FF Plus MP and chief spokesperson on justice Heloïse Denner said the former PP’s remarks were unfounded racist remarks which were shockingly inappropriate.
Denner confirmed that the FF Plus has sent a letter to the National Assembly Speaker Thoko Didiza to reprimand and take steps against the controversial former PP.
“Mkwebane’s remarks not only discredit the integrity of the people in question but also parliamentary processes and Parliament itself, while she is a member of the institution.
“I, therefore, request that you [Didiza] refer this matter to the Powers and Privileges of Parliament Committee in terms of rule 214(1) of the National Assembly (NA),” Denner said.
DA MP Glynnis Breytenbach said: “Instead of accepting accountability, she chooses to make baseless accusations against individuals of Indian descent, attempting to cast herself as a victim rather than acknowledging the consequences of her actions. Thís behaviour not only offends but reveals a profound lack of understanding of the principles of justice and accountability that should guide our democratic institutions.”
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