Litigation against acting Public Protector looming over Mkhwebane’s funds withdrawal

Legal action could be taken against the office of the Public Protector following the reversal of Busisiwe Mkhwebane’s appeal application.

This week, Acting Public Protector Kholeka Gcaleka announced that the office would not fund Mkhwebane’s appeal against the  interdict application to halt her impeachment proceedings and the  rescission application pending before the Constitutional Court (ConCourt).

Part B of Mkhwebane’s application to the Western Cape High Court will not be funded.

The suspended Public Protector, in part B, has asked the court to declare unconstitutional and invalid the letter that National Assembly Speaker Nosiviwe Mapisa-Nqakula sent to President Cyril Ramaphosa to inform him that her impeachment process would proceed.

ALSO READ: No more fighting ‘losing battles’ on taxpayers’ dime for Mkhwebane

This included Ramaphosa’s letter he wrote to Mkhwebane to suspend her.

Gcaleka, furthermore, confirmed the office would also not fund a defamation of character lawsuit, which is a private matter Mkhwebane brought against the Democratic Alliance (DA).

However, Mkhwebane will receive assistance in regards to the challenge of her suspension, her defence during the impeachment proceedings, and the perjury criminal case.

‘It will all end in tears’

Following the announcement, the African Transformation Movement (ATM) launched an attack on Gcaleka, saying her action was against the Public Finance Management Act (PFMA) and added that “it will all end in tears”.

“Advocate Gcaleka is everyday exposing her hatred for or greed for the positioning of the Public Protector.

“She has unduly and unlawfully interfered in on-going legal proceedings in which the ATM is a party and a co-applicant. We condemn and reject her interference,” the party said in a statement on Thursday.

READ MORE: Mkhwebane’s bid to reverse suspension hits a snag after her office withdraws court application

“Furthermore it is the duty of the CEO [chief executive officer] and not the Public Protector to grant or withdraw the mandate of the attorneys in this matter. Gcaleka’s actions are therefore also in breach of the PFMA.

“We advise Ms Gcaleka must simply stay in her lane and enjoy her temporary and hopefully short-lived assumption of that office.

“It is not her duty to seek popularity by engaging in unwarranted dirty tricks simply aimed at humiliating the Public Protector and pandering to the media and other haters. The forces which she is trying to impress are on the way to their exit door. It will all end in tears,” the ATM further said.

Mkhwebane remains suspended as Ramaphosa stands by his decision

The party further threatened litigation if her decision was not withdrawn within 24-hours.

“We will ask the court to impose the appropriate punitive measures against her,” the ATM said.

ATM spokesperson, Sibusiso Mncwabe told The Citizen on Saturday that the party would discuss the way forward on the matter this weekend.

“I am currently in the NEC [national executive committee] meeting whole weekend [and] the party will also talk to that,” he said.

Asked what argument the ATM was gonna make for the potential legal action, Mncwabe said: “No response for now.”

Impeachment

Mkhwebane was suspended by Ramaphosa on 9 June and a day later, the Western Cape High Court dismissed her interdict application.

Her impeachment process is being handled by Parliament’s Ad Hoc Committee on the Section 194 Inquiry.

Parliament’s impeachment hearings against Mkhwebane is set to commence on Monday.

The suspended Public Protector will be the first head of a Chapter 9 institution to face a parliamentary inquiry. 

*Compiled by Molefe Seeletsa

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