By Lehlohonolo Lehana.
The Constitutional Court has denied suspended Public Protector Busisiwe Mkhwebane’s bid to get direct access to argue her legal costs in her impeachment.
This means Mkhwebane will now have to approach the High court should she wish to continue with the application.
Mkhwebane is subject to the Parliament’s section 194 inquiry into her fitness to hold office following her suspension by President Cyril Ramaphosa.
She is arguing that the state should foot an unlimited bill for her legal fees as she fights possible impeachment whereas Parliament offered her R4 million for this or state representation.
Mkhwebane has also declined the services of the State Attorney, further delaying the inquiry into her fitness to hold office.
She said that the State Attorney was conflicted because the office was also working directly with the Section 194 inquiry’s evidence leaders.
“The Constitutional Court has considered the application for direct access brought by way of urgency and has concluded that no case has been made out for exclusive jurisdiction and direct access,” the apex court stated in a two-page order.
“The court has decided to dismiss the application without directions for filing answering papers. The court has decided not to award costs.” the Court ruled.
Parliament spokesperson Moloko Moloto said Parliament noted and acknowledged today’s ruling by the Constitutional Court.