Publications
Partners
Public Protector Busisiwe Mkhwebane has defended her censure of judges, saying no one must be muzzled or stopped from expressing their views about court decisions.
She said her strong opinion on social media on Friday must not be interpreted as an attack on judges.
Mkhwebane, unhappy with a high court decision which refused her leave to appeal her office’s adverse judgment for the Estina dairy farm investigation and the resultant personal cost order, took to Twitter to voice her distress.
Mkhwebane tweeted that she hoped other Public Protectors who came after her “won’t have to deal with what I’ve been through – harassed daily, including my family, certain journalists tasked to deal with me and questionable judgments”.
It looks like we are faced with a constitutional crisis, she said.
“The problem with judgments based on media headlines is [that] they set a bad precedent and will affect other constitutional institutions...”
On Friday, Judge Ronel Tolmay said Mkhwebane failed to make a case for leave to appeal the Estina dairy farm judgment and the personal cost order.
Read: Judge Potterill removed from Public Protector case
In August, the high court declared the Public Protector’s investigative report “unlawful, unconstitutional and invalid”.
The dairy project in Vrede, Free State, was intended to empower emerging black farmers, but allegedly became a cash cow for the infamous Gupta brothers and their associates.
Oupa Segalwe, acting spokesperson for the Public Protector’s office, told City Press on Saturday that Mkhwebane’s respect for the judiciary does not mean that she cannot and must not express her disappointment with court decisions.
He said Mkhwebane had not crossed the line.
“The Public Protector has not insulted any judge. She has merely expressed sadness at and opined about the manner in which, in her view, justice is sometimes miscarried.”
Segalwe said one of the things that Mkhwebane was certainly unhappy about were personal costs, which she found unfair on her and her family.
“Above all, she is of the strong view that they tamper with her constitutionally protected independence.”
The week had started on a high for Mkhwebane, with a court victory on Tuesday against former chief operating officer Basani Baloyi, who claimed that her dismissal was unfair.
Baloyi had asked the court to reinstate her and declare that Mkhwebane had violated her constitutional obligations.
Judge Mmonoa Teffo ruled that the court did not have jurisdiction to hear the case as the bulk of the allegations were essentially labour disputes and Baloyi could seek relief under the Labour Relations Act.
Is the Public Protector correct in her opinion that the Estina ruling is a miscarriage of justice?
SMS us on 35697 using the keyword MKHWEBANE and tell us what you think. Please include your name and province. SMSes cost R1.50. By participating, you agree to receive occasional marketing material
 |
| ||||||||||||
| |||||||||||||
