Court to hear argument on public protector’s CR17 report - The Mail & Guardian

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The adage “hard cases make bad law” could have been coined with public protector Busisiwe Mkhwebane in mind, although in the CR17 face-off between her and President Cyril Ramaphosa, it is the politics of the case, rather than the law, that makes it part...

The case between the president and Busiswe Mkhwebane has also drawn in the national director of public prosecutions and the Financial Intelligence Centre.

She found that Ramaphosa had misled Parliament and, after detailing some of the donations, said he breached his obligations under the executive ethics code and should have disclosed the donations. Mkhwebane’s preliminary view was that “such [a] scenario, when looked at carefully, creates a situation of the risk of some sort of state capture by those donating these monies to the campaign”.

The dispute — polite at first — has become increasingly bitter. In heads of argument, her counsel Muzi Sikhakhane SC said Ramaphosa’s application “is an attempt to create a sense of impunity for the president and to assert that he is above the applicable law”. Ramaphosa’s team has not minced words either. In heads of argument, Wim Trengove SC said: “Her unlawful investigation of all the donations was malicious.

“The donations were for the advancement of his own individual political career. The ANC has not confirmed his contention that CR17 was a party programme for renewal,” said Sikhakhane.

Source: Law Daily Report (lawdailyreport.net)

 

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