Victory in Supreme Court of Appeal case against Mkhwebane
1 October 2024
The Democratic Alliance (DA) welcomes the judgment handed down by the Supreme Court of Appeal (SCA) today, in which the appeal by disgraced former Public Protector Busisiwe Mkhwebane was unceremoniously struck from the roll. This decisive ruling is a victory for the rule of law and a reaffirmation of the importance of accountability in South Africa’s democratic institutions.
The Court’s judgment, delivered by Judge Ponnan, makes it clear that Ms. Mkhwebane’s attempts to use the judicial system to further her personal interests, after being lawfully removed from office, were wholly without merit. The Court rightly concluded that her appeal was both procedurally flawed and downright “frivolous”.
This ruling confirms that the actions taken by the Section 194(1) Committee, which investigated Ms. Mkhwebane’s fitness to hold office, were lawful and appropriate. The DA has consistently maintained that Ms. Mkhwebane’s removal was necessary to protect the integrity of the Office of the Public Protector, which plays a vital role in upholding our Constitution and protecting citizens' rights.
We are particularly pleased that the court awarded costs against Ms. Mkhwebane in her personal capacity, recognising that this frivolous litigation has wasted valuable resources, clogged the court rolls, and wasted our courts’ precious time. It is critical that public officials are held accountable for their actions and that legal processes are not misused to obstruct justice.
The DA will continue to defend the principles of transparency, accountability, and good governance. We remain committed to ensuring that Chapter 9 institutions are led by individuals of integrity who can uphold the responsibilities of their office without fear or favour.
This victory is not just for the DA but for all South Africans who value the proper functioning of our democracy. The judgment sends a strong message that no one is above the law, and that our courts will not tolerate any attempts to undermine due process.
We thank our legal team for their diligent work, and we reaffirm our commitment to continue protecting South Africa’s institutions and ensuring justice for all.
Issued by Glynnis Breytenbach, DA Spokesperson on Justice and Constitutional Development, 1 October 2024
