PUBLIC PROTECTOR
To Registrar of the Western Cape High Court
For the Attention of the Presiding Officers
To: All Respondents
To: Advocate Busisiwe Mkhwebane
Date: 6 JULY 2022 Dear Registrar
RE: PUBLIC PROTECTOR SOUTH AFRICA v SPEAKER OF THE NATIONAL ASSEMBLY & OTHERS — CASE NUMBER: 8500/2022
1. I refer to the above matter that is currently pending before the court.
2. I am advised that the legal team for the suspended Public Protector, Advocate B Mkhwebane delivered a notice of amendment to Part B to the notice of motion, purportedly on behalf of the Applicant, being the Public Protector South Africa (PPSA.)
3. I am also advised that the legal team delivered a notice of application for leave to appeal dated 4 July 2022, purportedly on behalf of the PPSA, cited as the First Applicant.
4. Please take note that the Seanego Attorneys Inc were not authorised. instructed or briefed by me as the Acting Public Protector or the Chief Executive Officer of the Public Protector as the Accounting Officer, to deliver the aforementioned application for leave to appeal nor the notice of amendment to Part B to the notice of motion.
5. In the circumstances, we intend delivering notices of withdrawal of the aforesaid application for leave to appeal, as well as the notice of motion. on behalf of the PPSA.
6. I further wish to inform you that Seanego Attorneys Inc and counsels are not authorized to act on behalf of the PPSA. I have instructed attorneys, Salijee Govender Van der Merwe Inc. to prepare and file the aforementioned notices.
7. In the event that Advocate Mkhwebane proceeds with these applications in her personal capacity or the Respondents persist with any relief they may seek, the PPSA shall abide by the decision of the court. unless any of the Respondents persist with seeking costs against the Office.
8. We humbly apologise for any inconvenience to the Court and the Respondents caused by the aforementioned applications.
Yours Sincerely
ADV KHOLEKA GCALEKA
ACTING PUBLIC PROTECTOR REPUBLIC OF SOUTH AFRICA
Date: 6 JULY 2022
Copy to
Ms T Sibanyoni
Chief Executive Officer Public Protector South Africa
READ:
— Karyn Maughan (@karynmaughan) July 6, 2022
Acting Public Protector Kholeka Gcaleka’s letter withdrawing the Office of the Public Protector's court applications to reverse Adv Busisiwe Mkwhebane's suspension and to halt Parliament's impeachment proceedings against her: pic.twitter.com/oW6wtvJprc
