Concourt dismisses Mkhwebane’s second rescission application

JOHANNESBURG – The Constitutional Court has thrown out another last-ditch bid from suspended Public Protector Busisiwe Mkhwebane to try and salvage her challenge to the rules for her impeachment and slapped her with a personal costs order, finding that it was an abuse of the court process.

Last July, the Western Cape High court dismissed her challenge in the main.

And in February, so did the Constitutional Court.

Mkhwebane then lodged a rescission application with the Constitutional Court but this was dismissed in May.

Unwilling to give up the fight, though, Mkhwebane then – somewhat bizarrely – lodged a second rescission application to try and get the court to reverse its decision on the first.

That, too, has now been dismissed.

In its decision, which was handed down on Wednesday, the Constitutional Court said that it had considered the Public Protector’s second rescission application and had concluded that it, too, should be dismissed.

The court found that no case had been made out for a rescission.

It’s also ordered that Mkhwebane pay the costs of the application out of her own pocket.

The court said that the application constituted an abuse of the court process.

By Bernadette Wicks and originally appeared in Eye Witness News