Mkhwebane’s lawyers write to ConCourt over ‘anonymous’ text

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The public protector's lawyers have written to the registrar of the Constitutional Court to ask if it is true that the apex court will this week refuse her application to reverse an earlier judgment against her, as per a text message sent to opposing counsel in the Western Cape high court.

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The message, which was sent anonymously and disclosed by counsel for parliament speaker Andrew Breitenbach SC, was the reason for the last minute postponement of an urgent application in the Western Cape high court to put the brakes on impeachment proceedings in parliament and to interdict Busisiwe Mkhwebane’s possible suspension by President Cyril Ramaphosa.

Mkhwebane wanted the high court to interdict impeachment proceedings and her possible suspension pending a decision by the Constitutional Court on whether it would rescind, or reverse, its earlier decision on the constitutionality of the impeachment rules which cleared the way for the process against her to go ahead. She applied for rescission in March.

On Tuesday morning her high court battle was due to start — dealing with what was to happen in the interim — when it was scuppered by what her counsel Dali Mpofu SC referred to in open court as “an unfortunate development”.

 

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