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Parliament, Wednesday, 24 August 2022 – The Speaker of the National Assembly (NA), Ms Nosiviwe Mapisa-Nqakula, welcomes the order of the Constitutional Court dismissing a second rescission application by the Public Protector, Advocate Busisiwe Mkhwebane.

The order follows the application by the Public Protector to the Constitutional Court to rescind the court’s decision not to rescind its judgement of February 2022 where it upheld the separation of powers arguments regarding the appointment of a judge to the Section 194 independent panel.

The Constitutional Court had in May dismissed Advocate Mkhwebane’s application for a rescission stating that it did not establish any rescindable errors in the court’s judgement and that no exceptional circumstances existed that warranted a rescission of its decision.

In today’s order the Court again held that the application should be dismissed as no case had been made out for rescission.
We agree with the Court decision to order the Public Protector to pay costs in her personal capacity as the application constituted an abuse of process of court.

Meanwhile, the Section 194 Committee which is conducting an inquiry into the Public Protector, Adv Busisiwe Mkhwebane’s fitness to hold office, is currently continuing with its meetings.
At the completion of its inquiry, the Committee is expected to present a report which must contain findings and recommendations to be considered by the National Assembly.

Enquiries: Moloto Mothapo