Mkhwebane has jurisdiction to probe Ramaphosa’s campaign funding, ConCourt told
Public Protector Busisiwe Mkhwebane and the EFF have approached the apex court seeking a direct leave to appeal after the earlier judgment found that the Chapter 9 institution had no jurisdiction to probe President Cyril Ramaphosa’s 2017 funding in the race for the ANC’s leadership.
JOHANNESBURG - Lawyers representing the Public Protector Busisiwe Mkhwebane on Thursday told the Constitutional Court that the Pretoria High Court was wrong to rule that she did not have jurisdiction to investigate the CR17 campaign funding.
Mkhwebane and the Economic Freedom Fighters (EFF) have approached the apex court seeking a direct leave to appeal after the earlier judgment found that the Chapter 9 institution had no jurisdiction to probe President Cyril Ramaphosa’s 2017 funding in the race for the African National Congress’ (ANC) top post as it involved private donations.
Advocate Muzi Sikhakhane argued that Ramaphosa was the country’s deputy president at the time, and by that virtue of that, the funding formed part of the state affairs definition as contained in the Constitution concerning the scope of the Public Protector’s investigations.
“And we are saying that the conduct of the deputy president who was effectively trying to become the president of the country is a matter within the definition of state affairs,” Sikhakhane said.
“And we submit that the notion that this was a matter that relates to party political funding is dispelled immediately by the statement by the ANC which said this was not donations to the ANC,” he added.
Sikhakhane further stated that the Constitutional Court should grant the direct leave for appeal as the matter dealt with the scope of the president and Public Protector’s constitutional functions and accountability.