FW de Klerk Foundation Supports SCA Striking "Theoretical" Appeal From Roll - Courts Too Inundated To Hear Matters Of No Practical Value

3 October 2024

The FW de Klerk Foundation supports the Supreme Court of Appeal’s (“SCA”) refusal to hear the appeal brought by former Public Protector, Honourable Mkhwebane (now an Member of Parliament for the EFF). The appeal was against the High Court's ruling that it would not review the decisions of some committee members to remain on the parliamentary committee tasked with investigating whether the former Public Protector should be removed from office.

“The SCA struck the appeal from the roll and ordered that Honourable Mkhwebane herself pay the appeal’s costs, because the appeal failed to ‘get out of the starting stalls’, for several reasons. The foremost of which was the fact that the appeal was bought in the name of ‘The Public Protector of South Africa’, long after Honourable Mkhwebane had ceased to hold that office. Although bought in her office’s name, the current Public Protector had not authorised the appeal,” says Daniela Ellerbeck, an attorney and the FW de Klerk Foundation’s Constitutional Rights Programmes Manager.

“The Foundation supports the SCA’s decision to strike the appeal from its court roll, for the simple reason that our courts are too inundated and short staffed to be preoccupied with determining appeals that will have no practical effect and concern theoretical questions only,” states Christo van der Rheede, the Foundation’s Executive Director.

Issued by FW de Klerk Foundation, 3 October 2024