By Lehlohonolo Lehana.
The Constitutional Court has dismissed an appeal application by former public protector Busisiwe Mkhwebane related to her impeachment.
The apex court found that the application for leave to appeal must be dismissed on the basis that it is moot.
“In a short order on Wednesday, the apex court said the appeal application was “moot” and nothing warranted the court entertaining the appeal.
Mkhwebane turned to the apex court after the Supreme Court of Appeal (SCA) concluded in October 2024 that her impeachment-related bid falls to be struck from the roll with costs.
SCA dismissed her application to appeal the judgment that led to her impeachment in 2023.
Mkhwebane was impeached and removed from office, and Kholeka Gcaleka was appointed as her successor by President Cyril Ramaphosa for a non-renewable term of seven years effective November 2023.
Mkhwebane appealed the high court’s decision to dismiss her application to recuse parliamentary committee chair Qubudile Dyantyi and committee member Kevin Mileham from the impeachment inquiry.
Judge Visvanathan Ponnan criticised Mkhwebane’s counsel Dali Mpofu for how the appeal was litigated, describing it as “dead on arrival”.
“Counsel for Mkhwebane, who seemed not to be sufficiently well-versed in the relevant authorities, was of little to no assistance to the court,” said Ponnan.
Incompetence and misconduct were the grounds for the removal from office of Mkhwebane a month before the end of her seven-year non-renewable term as Public Protector. That has cost her a gratuity estimated at R10-million and benefits including a pension.