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The Ramaphosa, Mkhwebane face-off

Public Protector Busisiwe Mkhwebane and President Cyril Ramaphosa will face-off on Thursday morning in the North Gauteng High Court.

After a postponement from Tuesday due to there being no judge assigned to the court, and three days after the Public Protector lost a case to Public Enterprises minister Pravin Gordhan in the same courtroom.

It seems Mkhwebane has been experiencing quiet a bit of bad luck lately in court. Recently the ConCourt found her guilty of being dishonest under oath in the ABSA/Bankorp case and in the Estina Dairy Farm case her findings were said to have been invalid.

Ramaphosa is wanting an interdict against Mkhwebane’s instruction to discipline Gordhan as he said it would be unlawful if the court were to later set aside her findings.

A High Court interim order suspended Mkhwebane’s remedial action on Monday but Ramaphosa has since written a letter to her requesting that she not oppose his urgent application or he will push special legal costs against her.

Incompetent

Fin24 reported that the Congress of the People have called for Mkhwebane’s head to roll and the Democratic Alliance (DA) feel the same, having requested that she be removed from office as she is incompetent.

Mkhwebane has been in office for over two years.  She has reported to have said that her office was going through ‘testing times’ having been attacked from every angle, including by media.

Ramaphosa vs Mkhwebane

Mkhwebane was investigating the president for money laundering during his CR17 leadership campaign in which he received a R500 000 donation from Bosasa.

Ramaphosa will however argue that her findings were not obtained through a lawful process and nor are they based on fact.

His legal team has already slammed the report and accused her of exceeding the scope of her powers.  She has also fallen short of common law as she failed to provide the president with an opportunity to comment on remedial action.

The reasons Mkhwebane is taking Ramaphosa on separately from Gordhan is firstly due to her findings regarding his dishonesty to Parliament regarding the Bosasa donation, secondly the fact that he didn’t declare the gift and lastly, she has suspected him of money laundering.