Court orders Mkhwebane to show DA her spy job application

The Supreme Court of Appeal (SCA) in Bloemfontein has ordered Public Protector Busisiwe Mkhwebane to provide the DA proof of her job application for the State Security Agency (SSA).

This comes as the two parties prepare for a legal showdown on spying claims made by the DA against Mkhwebane.

This ruling overrides that of the  Western Cape High Court which earlier dismissed the party’s application to compel Mkhwebane to produce the requested documents.

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The DA claims that Mkhwebane was a spy appointed to the Public Protector post with the aim of perpetuating state capture.

Following the Western Cape High Court ruling, the DA escalated the matter to the SCA, seeking to compel Mkhwebane to reveal certain records.

The initial ruling said that it would be inappropriate and illogical for the DA to rely on the requested documents to prove the truthfulness of its statements.

DA MPs Glynnis Breytenbach and Werner Horner publicly stated they had evidence to support their allegations.

These include Mkhwebane’s application for the post of analyst in the State Security Agency and her confirmation of her acceptance of the job offer.

ALSO READ: Public Protector vs Parliament: DA asks for punitive cost order against Mkhwebane

The party insists that Mkhwebane’s employment at the State Security Agency after her return from China is relevant to determine whether she ever worked as a spy, or that she was a spy on the payroll of the State Security Agency at the time she was nominated to the position of Public Protector.

The DA’s appeal was upheld by the SCA on Thursday and both parties were ordered to pay the costs of the appeal jointly and severally, the one paying the other to be absolved, including the costs of two counsel.

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