Former Public Protector Advocate Busisiwe Mkhwebane’s legal action for a gratuity payment of millions of rands has been removed from the urgent court roll for enrolment on an alternative date. And the Office of the Public Protector has been hit with costs. This after the court determined that the matter was not ripe for hearing on Thursday.
“It appears that the parties hold different views on what the issues ought to be that the court must determine today but in essence what overlaps is, in fact, the urgency of the application. On the side of the 1st and 2nd respondents on whether ought to have been enrolled on the urgent roll today…now the present application is a matter of great importance to all parties concerned, it raises issues of a complex nature before the cour.
“I raised it with my learned friend, I said well you can’t give us an answering affidavit, you must give us the record. It was on that occasion when the record was promised. Instead of being given a record, we are given something called an answering affidavit and a condonation notice,” says Advocate Dali Mpofu SC on behalf of Mkhwebane.
“The first question is, did the applicant formulate reasonable timeframes, is it your case that it was not reasonable, absolutely not, we examine that at paragraph 11,” says Advocate Tembeka Ngcukaitobi SC, on behalf of Office of the Public Protector.
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