Dismissal of Adv Mkhwebane’s urgent application by the ConCourt

14 June 2023

Parliament acknowledges today's ruling by the Constitutional Court, which rejected suspended Public Protector Adv Busisiwe Mkhwebane's urgent application for direct access to the Court.

Adv Mkhwebane had filed the application urgently, seeking various outcomes, including a declaration that the Speaker of the National Assembly, Ms Nosiviwe Mapisa-Nqakula, and the Chairperson of the Section 194 Committee, Mr Qubudile Dyantyi, were in violation of a previous Constitutional Court order from February 2022. The order stated that the State has a legal obligation to provide Adv Mkhwebane with legal representation during the Section 194 enquiry.

The application also aimed to review and overturn Mr Dyantyi's decision to continue the enquiry beyond 31 March 2023 under the “pretext of a committee meeting," as well as the President's refusal to reverse or lift Adv Mkhwebane's suspension.

The Constitutional Court, after careful consideration, found no grounds for exclusive jurisdiction and direct access. Consequently, the Court dismissed the application without requiring Adv Mkhwebane to cover any costs.

Issued by Moloto Mothapo, Media Officer, Parliament, 14 June 2023