Western Cape High Court dismisses Mkhwebane's bid to halt impeachment process

In dismissing her bid, Judge Nathan Erasmus essentially found the matters at hand had already been dealt with by the courts.

FILE: Public Protector Busisiwe Mkhwebane. Picture: @PublicProtector/Twitter.

JOHANNESBURG - The Western Cape High Court has dismissed Public Protector Busisiwe Mkhwebane’s bid to halt the parliamentary process to impeach her and bar President Cyril Ramaphosa from suspending her.

Mkhwebane was previously refused an interdict against the National Assembly Speaker from forging ahead with the process pending a challenge to the rules governing it.

The high court further dismissed that challenge last year and the Constitutional Court also ruled against her in February.

She then filed a rescission application with the apex court, which was also refused, prompting her to file a second rescission application to try and overturn the decision.

In dismissing her bid, Judge Nathan Erasmus essentially found the matters at hand had already been dealt with by the courts.

"The interim interdictory relief sought in the previous proceedings is indistinguishable from the interim interdictory relief sought in the present case. The only possible way we can differ from this finding is to hold the view that the previous full court was wrong. Not only was the previous full court, in our view, not wrong but it was unequivocally correct."

The court found Mkhwebane’s application fell “overwhelmingly short” of the requirements for an interdict.

"That having been being said what obviously remains of utmost importance is the fact that the public interest will not be served by the granting of the interdictory relief in these peculiar circumstances. Further, an interim interdict will prevent the parliamentary respondents from performing their role in determining whether Advocate Mkhwebane should be impeached or not."

She was also slapped with a personal costs order.