The Constitutional Court has rejected former Public Protector Advocate Busisiwe Mkhwebane’s request for leave to appeal the Supreme Court of Appeal’s (SCA) ruling from October 2024. This decision marks the end of her long and contentious impeachment battle, confirming her removal from office.
Mkhwebane had sought to challenge the legality of her impeachment, which stemmed from the Section 194 inquiry. However, the apex court determined that her application was moot, citing a lack of substantive legal grounds for review.
In a controversial move, Mkhwebane also petitioned the court to sanction SCA Judge Visvanathan Ponnan, accusing him of an unjust attack on her legal representative, Dali Mpofu. She took issue with Ponnan’s criticism of Mpofu’s litigation style, including remarks that his theatrical gestures had no place in a courtroom. Additionally, she accused the judge of arrogance and dismissiveness during proceedings.
Judge Ponnan, in his findings, ruled that Mkhwebane’s appeal lacked both a proper legal framework and the necessary appellant to advance the case. He emphasized that her attorneys were not authorized by her successor, Advocate Kholeka Gcaleka, reinforcing the argument that Mkhwebane was improperly using her former office to further personal interests.
The case had its roots in Mkhwebane’s failed bid to have Section 194 inquiry chairperson Qubudile Dyantyi and DA MP Kevin Mileham recused. After the Western Cape High Court dismissed her application, she escalated the matter to the SCA, only to be met with a damning verdict labeling her appeal as “self-evidently dead on arrival.”
Judge Ponnan further pointed out that Mkhwebane had not contested her actual removal as Public Protector and that her seven-year term had already expired. Despite these developments, she persisted with the appeal, a move the courts deemed legally unsound.
Adding to her setbacks, in October 2024, the Gauteng High Court in Pretoria ruled against her entitlement to a R10 million gratuity from her employer. The court found no legal basis for the payment, as her removal from office had occurred before the completion of her term.
With the Constitutional Court’s ruling, Mkhwebane’s legal avenues appear exhausted, cementing her impeachment as a concluded chapter in South African legal history.
