Another day, another legal defeat for Mkhwebane

The Constitutional Court (ConCourt) has dismissed suspended Public Protector Busisiwe Mkhwebane’s latest rescission application to overturn its earlier ruling on the lawfulness of Parliament’s Section 194 Committee regarding her fitness to hold office.

Mkhwebane’s rescission application

In its unanimous ruling on Wednesday, the ConCourt ruled that Mkhwebane’s last-ditch legal challenge should be dismissed “as no case has been made out for rescission”.

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The apex court ordered Mkhwebane to pay the costs of the application in her personal capacity, after finding that her legal bid constituted an abuse of court processes.

In May, the ConCourt dismissed Mkhwebane’s first rescission application, which upheld the separation of powers arguments regarding the appointment of a judge to the Section 194 Committee.

In its order, the court dismissed the application on the basis that it did not establish any rescindable errors in the court’s judgment and that no exceptional circumstances existed that warranted a rescission of its decision.

The ConCourt further dismissed Mkhwebane’s application for direct access stating that no case had been made out for direct access.

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