By Lehlohonolo Lehana.
The Constitutional Court has thrown out another last-ditch bid from suspended Public Protector Busisiwe Mkhwebane to try and salvage her challenge to the rules for her impeachment.
In its unanimous ruling on Wednesday, the ConCourt ruled that Mkhwebane’s last-ditch legal challenge should be dismissed “as no case has been made out for rescission”.
The apex court ordered Mkhwebane to pay the costs of the application in her personal capacity, after finding that her legal bid constituted an abuse of court processes.
The justices that participated in the order were Mbuyiseli Madlanga, Stevan Majiedt, Rammaka Mathopo, Nonkosi Mhlantla, Owen Rogers, Zukisa Tshiqi and acting justices Selby Baqwa and Thokozile Mbatha.
Chief justice Raymond Zondo and justice Jody Kollapen did not participate in the decision. Zondo was cited as a party to the second rescission application.
Mkhwebane’s second rescission application centred on the way the ConCourt had dealt with an SMS she said pointed to a leak from the apex court in a separate but related case in the Western Cape High Court on April 24.
In the SMS, Ismail Abramjee said he had it “on very good authority” that the ConCourt had decided to reject Mkhwebane’s first rescission application.