Mkhwebane applies for rescission of CR17 judgment
Public Protector Busisiwe Mkhwebane has applied to the Constitutional Court for the rescission of its decision to set aside her report into the CR17 funding.
Earlier this month, the apex court ruled that Mkhwebane was wrong in law and facts when she found that President Cyril Ramaphosa willfully misled Parliament on the funding for his ANC leadership campaign.
The public protector found against Ramaphosa in relation to an answer he provided on an R500 000 donation by facilities management company Bosasa to his 2017 ANC presidential campaign.
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In a statement released on Sunday, Mkhwebane's office confirmed that it had approached the court on Friday.
“The application centers on the patently erroneous finding that the Public Protector, Advocate Busisiwe Mkhwebane, ‘changed’ the Executive Code of Ethics, replacing the word ‘wilfully’ with ‘deliberately or inadvertently’. This finding was pivotal to the decision to dismiss the appeal,” her spokesperson Oupa Segalwe said.
“It will be argued respectfully in court that, in fact, the court relied on the old version of the code, which was published in 2000, while Advocate Mkhwebane invoked, verbatim, the provisions of the amended version of 2007, which the Constitutional Court has itself endorsed as recently as March 2016 in the EFF v Speaker of the National Assembly case.”
