Parliament said on Thursday it was dismayed by the “unfounded” utterances made by former Public Protector Advocate Busisiwe Mkhwebane, which it said seek to impugn the integrity of Parliament’s staff members, particularly the Chief Parliamentary Legal Advisor, a Parliamentary Legal Advisor, as well as Section 194 Committee Evidence Leader.
Mkhwebane expressed disappointment after the Supreme Court of Appeal (SCA) dismissed her application to appeal the judgment that led to her impeachment in 2023.
“As a former Public Protector of South Africa, I lodged the appeal with the hope of seeking justice and clarity. However, it was evident that Judge Nathan Poonan, leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings,” she said on her twitter account.
Mkhwebane said her “ongoing struggle” had consistently involved key figures, particularly of Indian descent, such as Pravin Gordhan, Nazreen Bawa, Zuraya Adhikarie, Hassan Ebrahim, Ivan Pillay and Fatima Ebrahim.
Parliament said there was no merit to the attack levelled against the legal advisors, who it said had served Parliament with “diligence and integrity” over the years.
“The unwarranted attack on these officials, along with the racial slurs used by Advocate Mkhwebane, is particularly regrettable in a democratic society such as ours, where human dignity should be protected and respected,” it added.
Parliament pointed out that Mkhwebane appropriately sought the court’s intervention to express her dissatisfaction with the outcome of the Section 194 Committee, and the court had now struck the matter from the roll.
However, Mkhwebane said the SCA's decision to strike her appeal marked a significant setback, not just for her personally but for all those who believed in her role as a protector of public rights and accountability.
“This experience has been one of immense disappointment and frustration, revealing a deeply ingrained bias that continues to obstruct genuine justice,” she said.
Parliament highlighted that as a Member of Parliament and a public representative who owed allegiance to the country’s Constitution, Mkhwebane had a responsibility to uphold and protect the values enshrined in the Constitution, which were the cornerstone of democracy.
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