The Supreme Court of Appeal on Tuesday dismissed and criticised Mkhwebane’s “frivolous” appeal application.
Parliament said the unfounded utterances by Advocate Busisiwe Mkhwebane accusing individuals of “predominantly Indian descent” positioning themselves as her “persecutors” seek to impugn the integrity of Parliament’s staff members.
Mkhwebane on Tuesday said she was “deeply disappointed and disheartened” after the Supreme Court of Appeal (SCA) dismissed, and criticised, her “frivolous” appeal to a previous Western Cape High Court ruling.
Judge Visvanathan Ponnan slammed advocate Dali Mpofu for pursuing the matter on behalf of Mkhwebane, labelling the attempt “dead on arrival”.
ALSO READ: Mkhwebane slams ‘Indian persecutors’ after SCA ruling
‘Key figures, predominantly of Indian descent’
Mkhwebane said the SCA’s decision to strike her appeal marks a “significant setback.”
“My ongoing struggle has consistently involved key figures, predominantly of Indian descent, who have positioned themselves as my persecutors.
“These individuals include Pravin Gordhan, Bawa (Evidence Leader), Adhikarie (Chief Legal Adviser of Parliament), Hassan Ebrahim (so-called expert witness), Ivan Pillay (Witness), and Fatima Ebrahim (Legal Adviser of Parliament). Judge Poonan’s attitude further underscores the challenges and biases I have faced in my quest for justice,” said.
Parliament spokesperson Moloto Mothapo said there is “no merit to the attack” levelled against its legal advisors, who have 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.
“As a Member of Parliament and a public representative who owes allegiance to our Constitution, Advocate Mkhwebane has a responsibility to uphold and protect the values enshrined in the Constitution, which are the cornerstone of our democracy,” Mothapo said.
R10 million gratuity
Meanwhile, Judge Omphemetse Mooki is expected to hand down judgment on Mkhwebane’s demand for a R10 million gratuity on Wednesday next week.
Mpofu has argued that the fact that she was removed from office for misconduct and incompetence was “irrelevant” to her entitlement to the payout.
The North Gauteng High Court in Pretoria in August has heard that granting Mkhwebane a R10 million gratuity would be tantamount to rewarding “constitutional delinquency.”
Mkhwebane is challenging the Public Protector of South Africa’s refusal to pay out her R10 million gratuity after she was impeached by the National Assembly for misconduct and incompetence during her tenure.
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