ConCourt dismisses Mkhwebane findings against Ramaphosa CR17 campaign
The Constitutional Court has found that Public Protector Busisiwe Mkhwebane was mistaken in her findings that President Cyril Ramaphosa misled Parliament about donations made to his CR17 campaign.
The case relates to a R500 000 Bosasa donation to the campaign for leadership of the African National Congress (ANC).
The court also looked at whether the public protector had the scope to investigate the matter.
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Mkhwebane took the matter to the Constitutional Court after the High Court in Pretoria set aside her findings.
Justice Chris Jafta said the public protector was wrong on the facts and the law in regards to the issue of whether the president had wilfully mislead Parliament.
"But instead of making the finding that the president did not willfully mislead Parliament, the Public protector effectively changed the wording of paragraphs 2.3 (a) to include deliberate or inadvertent misleading of the Legislature, so as to cover the situation where willfulness was not established.
"On the basis of the changed quote, the Public Protector concluded that the president 'inadvertently and or deliberately mislead Parliament and that he should have allowed himself sufficient time to consider the question and make a well-informed response. The Public Protector was wrong to change the quote."
Jafta said the high court was right to set aside her findings.
"But, the findings itself is framed in terms that are concerning. The president could not inadvertently and deliberately mislead Parliament because these two words cannot apply at the same time. It is either one or the other; therefore the public protector was wrong on the facts and on the law."
