Tuesday, 26 November 2019 09:24

Public Protector Busisiwe Mkhwebane and axed Public Protector COO Basani Baloyi will face off in court.

The former Chief Operating Officer, Baloyi has taken both Mkhwebane and Public Protector CEO Vusi Mahlangu to court over her axing.

Baloyi also wants the court to declare that Mkhwebane acted unconstitutionally, violating her obligations towards independence.

She said the two acted with ulterior motives in dismissing her and demonstrated these allege motives with examples of reports which, Baloyi said, Mkhwebane and Mahlangu unfairly prioritised while ignoring vital information to achieve personal goals.

“There were other Executive Ethics Act cases, which were not finalised within 30 days. Some of these cases came well before the Bosasa and Pravin Gordhan investigations‚” Baloyi said in her papers. 

She listed eight examples of cases that dated back to 2013 and 2014‚ involving Zuma and his allies‚ that were not prioritised.

The list included former ministers Faith Muthambi‚ Tina Joemat-Pettersson‚ Mildred Oliphant and former North West premier Supra Mahumapelo.

Baloyi also alleged that Mkhwebane had refused to widen the scope of her CR17 campaign donation investigation once it came to light that late former Bosasa boss Gavin Watson also donated to Nkosazana Dlamini-Zuma's campaign.

She said the way Mkhwebane handled the complaint about a R500‚000 payment by Bosasa to President Cyril Ramaphosa’s CR17 campaign and the rogue unit investigation against Gordhan were “extremely unusual”.

Mkhwebane has since denied this, through her spokesperson, Oupa Segalwe, and  the court papers.

She called the allegations, which were within the context of a labour dispute, "scandalous and/or irrelevant".

The matter will be heard on Tuesday in the North Gauteng High Court with advocate Dali Mpofu representing Mkhwebane‚ while advocate Tembeka Ngcukaitobi will act on behalf of Baloyi.