Mkhwebane resorts to crude nativism and attack on judiciary after SCA defeat

3 Oct 2024

Disgraced former public protector and current EFF MP Busisiwe Mkhwebane has resorted to crude nativism after a costly further legal defeat in the Supreme Court of Appeal this week.

Mkhwebane had attempted to appeal a Western Cape High Court decision dismissing her application to remove the chair of the historic Section 194 impeachment inquiry into her fitness to hold office.

Read more: Mkhwebane suffers another legal blow with costs after SCA strikes

On social media, Mkhwebane claimed she had been “disappointed” by the ruling by Supreme Court of Appeal (SCA) Judge Visvanathan Ponnan on behalf of a full bench who struck the matter from the roll, stating that “political posturing” did not belong in the country’s courts.

Fellow judges included Caroline Nicholls, Billy Mothle and acting justices Mokgere Masipa and Evette Dippenaar.

Raw nativism on display

Mkhwebane soon hit back, attacking the judiciary and the SCA, saying that Ponnan “leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings”.

‼️?In light of the recent judgement by the Supreme Court of Appeal (SCA) in The Public Protector of South Africa v The Chairperson of the Section 194(1) Committee and Others (627/2023) [2024] ZASCA 131 (1 October 2024), I find myself deeply disappointed and disheartened. As a…

— Adv Busisiwe Mkhwebane (@AdvBMkhwebane) October 1, 2024

She continued that her “ongoing struggle” had involved “key figures, predominantly of Indian descent, who have positioned themselves as my persecutors”.

She named these individuals as including the late Pravin Gordhan, Section 194 evidence leader, advocate Nazreen Bawa, Parliament’s chief legal adviser, Zuraya Adhikarie, “so-called expert witness” Hassan Ibrahim, witness Ivan Pillay and parliamentary legal adviser Fatima Ebrahim.

“Judge Poonan’s attitude further underscores the challenges and biases I have faced in my quest for justice.”

Mkhwebane failed to mention advocate Ncumisa Mayosi, who formed part of the team but does not seem to fit into the EFF MP’s racist short-sightedness.

‘Ingrained bias’

Mkhwebane charged that the striking of her case from the roll by the SCA revealed “a deeply ingrained bias that continues to obstruct genuine justice”.

“The SCA’s decision to strike my appeal marks a significant setback, not just for me personally but for all those who believed in my role as a protector of public rights and accountability,” she complained.

Parliament later hit back at Mkhwebane, saying her utterances and accusations were “unwarranted”.

Parliament spokesperson Moloto Mothapo said “there is no merit to the attack levelled against these legal advisers, who have served Parliament with diligence and integrity over the years”.

The attack and the “racial slurs” were regrettable, he added, particularly “in a democratic society such as ours, where human dignity should be protected and respected”.

“As an MP 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.” DM

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Raw nativism on display

‘Ingrained bias’