Categories Business Tech World Mkhwebane’s ‘ridiculous’ Concourt application has ‘no hope of success’ Post author By vanirexodus Post date February 23, 2022 No Comments on Mkhwebane’s ‘ridiculous’ Concourt application has ‘no hope of success’ With the prospects for success of public protector Busisiwe Mkhwebane’s planned attempt to get the Constitutional Court to reverse its ruling on the rules for the removal of Chapter 9 heads “slim to zero”, experts say it’s down to nothing. then smacks of a desperate attempt at playing for time. Last July, the Supreme Court of the Western Cape ruled unconstitutional two provisions in the rules: one prohibits the subject of a removal process to have full legal representation, and the other allows a judge to be appointed to the independent panel to determine whether there is at first sight… With Public Protector Busisiwe Mkhwebane’s Prospects of Success planned bid to get the Constitutional Court to reverse its ruling on the rules for the removal of Chapter 9 headlines “slimmed to zero,” experts say it smacks of nothing more than a desperate attempt to buy time. Last July, the Supreme Court of the Western Cape ruled unconstitutional two provisions in the rules: one prohibits the subject of a removal process to have full legal representation, and the other allows a judge to be appointed to the independent panel to determine whether there is a prima facie case. Also read: Mkhwebane’s impeachment trial resumes next week The ruling resulted in the current proceedings against Mkhwebane, who by then had already seen a retired Constitutional Court judge, Bess Nkabinde, see that there was a prima facie case. Earlier this month, however, the Constitutional Court ruled that the Supreme Court had erred in its findings regarding the appointment of a judge to the panel. As a result, the resumption of the current proceedings against Mkhwebane became clear and the Section 194 committee in charge of dealing with these proceedings met again on Tuesday. But now it has emerged that Mkhwebane plans to file a petition for the Constitutional Court to reverse its ruling, and her lawyers wrote to Parliament this week asking for the proceedings to be halted – again – pending the outcome. The position of the Parliamentary Legal Service is that the petition in its current form has not yet been tabled and so there is nothing to prevent the committee from proceeding. Against this background, the committee decided on Tuesday to continue the procedure. But what happens when – or if – Mkhwebane submits the application? Also read: Ramaphosa’s reactions to ANC leaked audio that for Scopa. had to be submitted Section 18 of the Superior Courts Act provides essentially that “the enforcement and enforcement of a decision which is the subject of an application for leave of appeal, or of an appeal, shall be suspended pending a decision on the application or appeal” . However, the same does not apply to a decision on which a request for dissolution has been submitted. So to stop the proceedings, Mkhwebane has only two options: convince Parliament to press pause or convince a court to ban her. Even if she can successfully manage either one, experts agree that her chances of success in the rescission filing are nearly non-existent. As constitutional law expert and Accountability Now director Paul Hoffman SC explained yesterday, if she tried to convince a bank made up of some of the best legal minds in the country that it had made a mistake, Mkhwebane wouldn’t be able to do her job. He expected the court to eventually “make short shrift” of her application — with a chance she would refuse to hear the application and kick it to the touch before it even sees the light of day. “To put it bluntly, it’s ridiculous to think she will be successful,” added Dr Llewelyn Curlewis – a law professor at the University of Pretoria. “In my opinion, the probability is close to zero,” he said. “I can’t imagine her being able to suddenly produce something to convince them that the first finding was wrong.” So what’s her endgame? Hoffman believed Mkhwebane was trying to “extend the lawsuit as long as possible so that she reaches the end of her tenure” in October 2023. “What Mkhwebane is trying to do is just take an extra bite of the icing and buy some time for himself,” he said. Curlewis agreed, saying it seemed like she was just “wasting time.” ← More money in budget for agents welcome, let’s hope they actually spend it → Budget 2022: This is where your tax money goes Leave a Reply Cancel replyYour email address will not be published. Required fields are marked *Comment * Name * Email * Website Save my name, email, and website in this browser for the next time I comment.