Chief Justice Raymond Zondo says Justice Jody Kollapen and Acting Justice Dunstan Mlambo disclosed having contact with Ismail Abramjee – but denied that they had provided him with any confidential information about the Constitutional Court.

Zondo has also promised that the investigation he initiated into Abramjee's SMS – claiming to have it "on good authority" that the apex court would rule against Public Protector Busisiwe Mkhwebane – would be "completed by the end of next week or in a few days thereafter" and its outcome made public.

On Tuesday, Mkhwebane released a "closing report" into her "own investigation" into the text that Abramjee sent to counsel for Parliament Andrew Breitenbach SC. The text was sent on the eve of her Western Cape High Court application to block Parliament from proceeding with an inquiry into her fitness, pending the outcome of that rescission case in the apex court.

That text read, "Hello Adv Breytenbach (sic) Re: The Public Protector case tomorrow. I have it on very good authority that the Concourt has declined to hear the Public Protector's rescission application. The decision will be made known sometime this coming week but not later than Friday. I thought I'd just share this with you on a strictly confidential basis. Thanks."

Mkhwebane said her office had subsequently subpoenaed cellphone records, which revealed that there had been 18 calls between Abramjee and recently appointed Constitutional Court Justice Kollapen "between 04 January 2022 and 22 April 2022, two days before Adv. Breitenbach SC received the controversial SMS".

Abramjee maintained that these calls were innocent and concerned the work that he and Kollapen did at the Pretoria Legacy Foundation, which had hosted an event to celebrate Kollapen's appointment to the Constitutional Court on 4 March. He said a call made to him by Mlambo on 4 March concerned directions to that event.

In a statement released by the Office of the Chief Justice, Zondo has revealed that "within days after Mr. Abramjee's SMS saga had arisen, Justice Kollapen informed the Chief Justice and other Justices of the Constitutional Court that he had known Mr. Abramjee for many years, and they live in the same area".

"He also informed the Chief Justice and other Justices of the Constitutional Court that he and Mr. Abramjee are members of the Pretoria Legacy Foundation and that he and Mr. Abramjee do interact with each other, including by calling each other. He also pointed out that Mr. Abramjee also attended a function sometime in March this year which was organised by the Pretoria Legacy Foundation in his (Justice Kollapen's) honour."

According to the statement, Mlambo had informed Zondo and other Justices of the Constitutional Court "that he, too, attended the function that was organised in honour of Justice Kollapen, which Mr. Abramjee also attended".

"He said that he was meeting Mr. Abramjee for the first time in that function and has never met him thereafter.

"Both Justices also stated that they never disclosed to Mr. Abramjee any confidential information concerning any case at the Court."