Mkhwebane slams ‘Indian persecutors’ after SCA ruling

Former public protector Busisiwe Mkhwebane has accused individuals of “predominantly Indian descent” positioning themselves as her “persecutors”.

This comes after Judge Visvanathan Ponnan in the Supreme Court of Appeal (SCA) dismissed, and criticised, her “frivolous” appeal application.

Leave to appeal

On Tuesday, the SCA struck from the roll Mkhwebane’s leave to appeal a previous Western Cape High Court ruling.

Ponnan slammed advocate Dali Mpofu for pursuing the matter on behalf of Mkhwebane, labelling the attempt “dead on arrival”.

The Public Protector of South Africa v The Chairperson of the Section 194(1) Committee and Others (627/2023) [2024] ZASCA 131 (1 October 2024)

Today the Supreme Court of Appeal (SCA) struck the appeal of the former Public Protector of South Africa, Ms Busisiwe Mkhwebane. pic.twitter.com/OFooXdoWJe

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— Supreme Court of Appeal ZA (@SCA_ZA) October 1, 2024

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“Indian persecutors”

Mkhwebane said she was “deeply disappointed and disheartened” by the ruling.

“I appealed with the hope of seeking justice and clarity. However, it was evident that Judge Poonan, leading the judgement, displayed noticeable arrogance and dismissiveness throughout the proceedings.

“My ongoing struggle has consistently involved key figures, predominantly of Indian descent, who have positioned themselves as my persecutors.

“Judge Poonan’s attitude further underscores the challenges and biases I have faced in my quest for justice,” Mkhwebane said.

‘Setback’

Mkhwebane said the SCA’s decision to dismiss her appeal “marks a significant setback,” not just for her personally “but for all those who believed in my role as a protector of public rights and accountability.”

“This experience has been one of immense disappointment and frustration, revealing a deeply ingrained bias that continues to obstruct genuine justice.”

Recusal application

In November 2022, Mkhwebane approached the Western Cape High court, seeking the recusal of Section 194 Committee chairperson, Qubudile Dyantyi, and committee member, Democratic Alliance (DA) MP Kevin Mileham, from her impeachment inquiry.

Mkhwebane argued that Dyantyi was biased against her and claimed Mileham had a conflict of interest due to his wife being DA MP Natasha Mazzone.

Dyantyi was the chairperson of that committee and routinely had to navigate Mpofu’s apparent efforts to delay the inquiry into Mkhwebane’s fitness for office.

Although the high court dismissed Mkhwebane’s application in April 2023, the Economic Freedom Fighters (EFF) MP was granted permission to appeal the ruling in the SCA.

Ponnan, together with four concurring judges, highlighted that Mkhwebane’s application to the SCA was filed under the name of the Office of the Public Protector, despite the EFF MP pursuing the case to “advance her interests”.

Additional reporting by Molefe Seeletsa

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