Mkhwebane calls for a probe against Abramjee over his message to Breitenbach

Public Protector Busi Mkhwebane on Tusday recommended “legal analyst” Ismail Abramjee be investigated by the Hawks for contraventions of the Prevention and Combating of Corrupt Activities Act, over his message to advocate Andrew Breitenbach, counsel for the speaker of the national assembly.

“The weight of available circumstantial evidence established in this preliminary investigation appears to tilt the scales towards a conclusion that the sources of Mr Abramjee may well be members of the administrative staff or judicial officials based at Constitutional Court,” Mkhwebane said.

“The weight leans more towards members of the judiciary.”

The preliminary investigation into suspicions of maladministration or improper conduct by one or more unidentified employees of the Constitutional Court for leaking information concerning pending judicial proceedings, thereby bringing the administration of justice by the courts into disrepute, and maladministration was initiated by Mkhwebane.

The office of the chief justice did not respond to a request for comment, while parliament spokesperson Moloto Mothapo only said: “It was not the subject of the suggested probe.”

Hawks spokesperson Brigadier Thandi Mbombo said although it was still early days for a response, the Hawks would be looking into the matter on Wednesday.

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Mkhwebane’s recommendations came after an SMS from Abramjee to Breitenbach said he had “it on very good authority that the ConCourt has declined to hear the public protector’s rescission application. The decision will be made known some time this coming week but not later than Friday. I thought I’d just share this with you on a confidential basis.”

Breitenbach represents Speaker Nosiviwe Mapisa-Nqakula in court as Mkhwebane challenges her pending impeachment hearing.

“It was suspected that by specifically sending the information to advocate Breitenbach, Mr Abramjee intended to favour a particular side to the litigation and to prejudice the public protector,” Mkhwebane said.

“As part of the preliminary investigation, the office considered information in the Pretoria Rekord newspaper of 29 March, 2022.”

The newspaper carried a story about a function held in honour of Constitutional Court Justice Jody Kollapen, following his appointment to the apex court.

“The function was reportedly hosted by the Pretoria Legacy Foundation in Laudium, west of Pretoria.

“The newspaper referred to Justice Kollapen as the chairperson of the foundation and Mr Abramjee as its spokesperson,” said Mkhwebane.

“The article quoted Mr Abramjee as saying the event was even more significant in that both the Judge President Dunston Mlambo and the Deputy Judge President Aubrey Ledwaba, of the Gauteng Division of the High Court, were in attendance.

“From the above articles, a reasonable inference may be drawn that Mr Abramjee may personally know or may have contact or communication with certain persons based at the Constitutional Court from whom he may have possibly received information concerning pending judicial proceedings regarding the case involving the public protector,” said Mkhwebane.

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She said an analysis of the cellphone data received from network providers showed 18 telephone calls were exchanged between the number from which the SMS to Breitenbach was made and the one registered under the name Narandran Kollapen.

There was also a record of another SMS to Breitenbach from Abramjee, seemingly offering advice to Breitenbach which “may just assist you in your case against the public protector”.