By Lehlohonolo Lehana.
Acting Public Protector Kholeka Gcaleka withdrew the Office of the Public Protector’s court applications to reverse Busisiwe Mkwhebane’s suspension and to halt Parliament’s impeachment proceedings.
Gcaleka wrote to the respondents to inform them of her decision on Wednesday. She said the attorneys appointed by Mkhwebane wasn’t authorised, instructed or briefed by her as the acting Public Protector.
On Monday, Mkhwebane’s attorneys, Seanago, filed an application for leave to appeal against a judgment from the Cape high court that refused to grant her an interim “Part A” interdict to put a halt to impeachment proceedings in parliament and prevent her suspension by president Cyril Ramaphosa.
When Mkhwebane lost Part A she had also sought to have “Part B” of her case in the Western Cape high court — to set aside her suspension as well all the steps taken so far in the impeachment process — heard urgently. She had amended her court papers in this part of her case. This had been scheduled for July 25 and 26.
Ramaphosa has already filed a responding affidavit in the matter, in which he denies that the Public Protector’s investigation into allegations implicating him in a cover-up and foreign exchange irregularities, after a burglary at his Limpopo game farm Phala Phala, was the reason for his decision.
He disputes there is a conflict of interest in suspending her and says he was within constitutional bounds when he suspended her.
But Gcaleka said: “In the circumstances, we intend delivering notices of withdrawal of the aforesaid application for leave to appeal, as well the [Part B] notice of motion, on behalf of the PPSA.”
She said that “Seanago Attorneys and counsels” were not authorised to act on behalf of the public protector of SA. She did not mention counsel by name but it has been Dali Mpofu SC that has led the team for the public protector in this litigation.
I have instructed attorneys Salijee Govender Van der Merwe to prepare and file the above-mentioned notices, “she said.
Gcaleka said that if Mkhwebane decided to pursue the applications in her personal capacity, the public protector would “abide by the decision of the court”.
“We humbly apologise for any inconvenience to the court and the respondents caused by the aforementioned applications,” said the letter.