WATCH: ConCourt hears Mkhwebane’s CR17 funding report appeal
The public protector’s report originally found that Ramaphosa had misled parliament.
Cyril Ramaphosa (picture: Siyabulela Duda) and Busisiwe Mkhwebane (Picture: Jacques Nelles)
The Constitutional Court (ConCourt) is currently hearing the Public Protector Busisiwe Mkhwebane’s application for leave to appeal regarding President Cyril Ramaphosa’s ANC presidential campaign funding in 2017.
Mkhwebane is appealing to the ConCourt on the grounds that the Pretoria High Court erred on 10 March when it set aside her findings on a donation to Ramaphosa’s election campaign from Bosasa, that he deliberately misled Parliament about when asked about the money.
The court had ruled she made errors in law and did not have the jurisdiction to conduct the investigation into his election campaign.
The public protector’s remedial action was also set aside. She was ordered to pay a punitive costs order in Ramaphosa’s successful challenge to her CR17 report, the NPA and parliament after her report was set aside.
Background
In November 2018, Ramaphosa was questioned by former DA leader Mmusi Maimane in the National Assembly over a R500,000 payment ostensibly made to his son, Andile, by the former chief executive officer of Bosasa, the late Gavin Watson.
Ramaphosa responded that he was aware of the payment, and that it was all above board and part of Andile’s consultancy agreement with the Krugersdorp-based company, which has been mired in controversy over allegations of bribery and corruption spanning more than a decade.
On 14 November, and with journalists hot on the trail of the origin and destination of the payment, Ramaphosa sent a letter to the speaker of parliament, amending his oral reply.
Now he said, he had been made aware that the payment was, in fact, a donation to his successful 2017 ANC presidential campaign.
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This prompted the DA to ask the public protector to look into the payment amid concerns over money laundering in the way the payment was made, and the relationship between Ramaphosa’s son and Bosasa.
Mkhwebane duly investigated the complaint, together with a second complaint from the EFF, and published her report in July 2019.
She found Ramaphosa had deliberately misled parliament, and recommended a criminal investigation into possible money laundering.
Ramaphosa moved immediately to take the report on legal review.
Additional reporting from News24 Wire
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