Mkhwebane to open criminal case against Ismail Abramjee over leaked SMS

Public Protector Busisiwe Mkhwebane will on Thursday visit the Brooklyn Police Station near Hatfield, Pretoria, to lay criminal charges against consultant Ismail Abramjee and his accomplice(s).

This follows a text message Abramjee sent to advocate Andrew Breitenbach, the lead senior counsel for the Speaker of the National Assembly, saying that he had it “on good authority” that the Constitutional Court (ConCourt) had decided to dismiss Mkhwebane’s rescission application regarding its February judgment that Parliament could proceed with her impeachment.

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He also said the court would make the decision public before Friday last week.

This comes ahead of Mkhwebane’s bid in the Western Cape High Court to halt the impeachment process as well as her suspension by President Cyril Ramaphosa.

Mkhwebane wanted National Assembly Speaker Nosiviwe Mapisa-Nqakula to withdraw the letter she wrote to Ramaphosa, informing him that Parliament’s Ad Hoc Committee on the Section 194 Inquiry would proceed with the impeachment, and for the letter to be declared “unconstitutional” and “invalid”.

She also argued that Ramaphosa’s decision to start the suspension process was “irrational”.

Ramaphosa in March wrote to Mkhwebane asking her to explain why he should not suspend her.

Mkhwebane, however, responded by saying Ramaphosa was conflicted because of the Public Protector office’s ongoing investigations regarding him.

Leaked SMS

Mkhwebane’s application was postponed after Breitenbach revealed the text message.

READ MORE: Mkhwebane says because of Ramaphosa’s ‘conflict’ he can delegate Mabuza to suspend her

“This suggested that the apex court’s decision was leaked to Abramjee before it could be made public.

“The decision in question has a profound bearing on the proceedings before the Western Cape High Court.

“The leaking of such sensitive information, if established, will also have a huge bearing on the rule of law and the independence of the judiciary,” said Mkhwebane on why she intends to open a case against Abramjee.

In an interview with the SABC last week, Chief Justice Raymond Zondo said the leaking of the judgment was “unacceptable”, and is being investigated.