South Africa: Court Sets Aside Mkhwebane's 'Irrational, Reckless' CR17 Report

Public Protector, Busisiwe Mkhwebane (file photo).
analysis

The North Gauteng High Court has set aside Public Protector Busisiwe Mkhwebane's report on President Cyril Ramaphosa's CR17 campaign, finding she breached her powers, applied the law incorrectly and failed to properly assess the evidence.

Public Protector Busisiwe Mkhwebane failed to understand her jurisdiction and failed to correctly apply the law and assess the evidence before her, a full bench of the North Gauteng High Court ruled on Tuesday as it set aside Mkhwebane's report on President Cyril Ramaphosa's campaign finances for the ANC's 2017 national election.

The judgment is the latest in a string of court decisions against the public protector, who is going to court next week to challenge the parliamentary process to have her removed.

In July 2019, Mkhwebane found that Ramaphosa had misled Parliament when he said R500,000 had been paid by Bosasa - now called African Global Operations - CEO Gavin Watson to his son Andile. It was actually paid towards his CR17 campaign.

Mkhwebane also found there was a prima facie campaign of money laundering against Ramaphosa regarding donations to his campaign and instructed NPA head Shamila Batohi to provide her with a plan for investigating the issue.

"The public protector acted unlawfully in...

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