Mkhwebane apologises if ‘Indian descent’ remarks came across as racial slur [VIDEO]

Impeached public protector Busisiwe Mkhwebane has apologised for her racial remarks when she claimed she was targeted by judicial officers of Indian descent.

Mkhwebane this week accused individuals of “predominantly Indian descent” of “persecuting” her.

She made these comments in reaction to the dismissal of her appeal in the Supreme Court of Appeal (SCA). On Tuesday, the SCA struck from the roll Mkhwebane’s leave to appeal application against a previous ruling by the Western Cape High Court. She was arguing for the recusal of certain members in the committee that removed her as a public protector.

Mkhwebane’s ‘racial slurs’

On Tuesday, she claimed Judge Visvanathan Ponnan displayed “noticeable arrogance and dismissiveness” throughout the August proceedings.

Mkhwebane also slammed late former public enterprises minister Pravin Gordhan, Nazreen Bawa (Evidence Leader), Zuraya Adhikarie (Chief Legal Adviser of Parliament), Hassan Ebrahim (expert witness), Ivan Pillay (Witness), and Fatima Ebrahim (Legal Adviser of Parliament).

ALSO READ: ‘Self-evidently dead on arrival’: SCA dismisses Mkhwebane’s ‘frivolous’ appeal on Section 194

Watch: Mkhwebane apologises for ‘Indian descent’ remarks

Apology

The former public protector has since apologised for what the Democratic Alliance (DA) said was “race-baiting in a desperate attempt to deflect accountability”.

“I don’t mean to cause any perception that I am attacking the legal advisers. They are hardworking, and at the end of the day, yes, I’m prepared to [apologise] if they think it’s like that,” she said in an interview on SABC.

Mkhwebane said it’s also “concerning for parliament to think it’s a racial slur”.

“If you read that post again and again and ask yourself whether I was discriminating, being racist or being hateful, I’m mentioning what the current situation is. I’m willing to say, ‘OK, let’s forget about race’ – and let me mention them by name or even mention that my challenge also stems from what the late Pravin Gordhan did to my demise.”

Mkhwebane said she named the individuals of Indian descent after what she called a “noticeable trend”.

“For me, it’s a trend I was contemplating while sitting and asking myself, what do I make of this? I am not insulting any person, nor is it a fact that they are of Indian descent.

“My biggest challenge is also that the investigation of the so-called rogue unit, and the treatment I received from Gordhan, perpetuated all this persecution. It’s as if I was fighting him while doing my work. I don’t understand why it is perceived as if I am attacking Indians,” she said.

R10 million gratuity

Meanwhile, Judge Omphemetse Mooki is expected to hand down judgment on Mkhwebane’s demand for a R10 million gratuity on Wednesday next week.

Her legal representative, Advocate Dali Mpofu, has argued that the fact that she was removed from office for misconduct and incompetence was “irrelevant” to her entitlement to the payout.

The North Gauteng High Court in Pretoria in August heard that granting Mkhwebane a R10 million gratuity would be tantamount to rewarding “constitutional delinquency”.

Mkhwebane is challenging the Public Protector of South Africa’s refusal to pay out her R10 million gratuity after she was impeached by the National Assembly for misconduct and incompetence during her tenure.

ALSO READ: Mpofu suffers reputational damage after tongue lashing from SCA, say analysts