Mkhwebane blames ‘Indian prosecutors’ after SCA rejects her appeal

Mkhwebane

Cape Town — Former Public Protector, Busisiwe Mkhwebane, feels that the Supreme Court of Appeal’s (SCA) decision to dismiss her appeal was a personal setback against her.

The SCA struck her application off the roll to appeal the judgement that led to her removal from office and issued costs against her. In response, she said it felt as though she was being punished, SABC News reported.

“On the face of it, it’s like I’m being punished for exercising my rights, especially the SCA is saying I must pay the costs of the two councils. I mean, it’s like it’s preventing me to pursue and exercise my rights, which were violated,” she said in an interview with SAFM.

Mkhwebane’s appeal was deemed frivolous and responded to the criticism that the litigation was a misuse of legal processes.

“It is disappointing from the SCA. It is a travesty of justice,” she added.

Following the decision by the SCA, Mkhwebane came out and blamed key figures of “Indian descent” who positioned themselves as her prosecutors. Judge Visvanathan Ponnan dismissed the appeal, while Mkhwebane’s advocate, Dali Mpofu, was slammed for attempting to pursue the matter, IOL reported.

“Had counsel stepped back apace or had Ms Mkhwebane taken advice from a disinterested member of the bar, schooled in appellate practice, she would have been advised not to pursue this appeal, which self-evidently was dead on arrival,” Judge Ponnan submitted.

Mkhwebane took to X to air her frustrations about the judgement handed down and the treatment she’s faced.

“I lodged the appeal with the hope of seeking justice and clarity. However, it was evident that Judge Poonan, leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings,” she said.

“My ongoing struggle has consistently involved key figures, predominantly of Indian descent, who have positioned themselves as my persecutors.”

“These individuals include Pravin Gordhan, Bawa (evidence leader), Adhikarie (Chief Legal Advisor of Parliament), Hassan Ebrahim (so-called expert witness), Ivan Pillay (witness), and Fatima Ebrahim (Legal Advisor of Parliament). Judge Poonan’s attitude further underscores the challenges and biases I have faced in my quest for justice,” Mkhwebane said.

“This experience has been one of immense disappointment and frustration, revealing a deeply ingrained bias that continues to obstruct genuine justice,” Mkhwebane said.

According to EWN, the Democratic Alliance (DA) said the SCA’s judgement against Mkhwebane was “lawful and appropriate”. The party welcomed the ruling, which dismissed Mkhwebane’s appeal against a decision on the Section 194 impeachment inquiry.

“The Democratic Alliance (DA) welcomes the judgment handed down by the Supreme Court of Appeal, 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 DA’s Glynnis Breytenbach said.

Breytenbach said the DA has consistently maintained that Mkhwebane’s removal was needed to protect the integrity of the Public Protector’s office.

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Compiled by Matthew Petersen

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