South Africa: Public Protector Challenges Constitutional Court's Finding On CR17 Funding Report

analysis

Busisiwe Mkhwebane is challenging the Constitutional Court's decision to uphold a ruling setting aside her report on President Cyril Ramaphosa's CR17 campaign. This comes shortly after former president Jacob Zuma's unprecedented application to the apex court to rescind his 15-month sentence for contempt of court.

Public Protector Busisiwe Mkhwebane has approached the Constitutional Court to request that it rescind or reconsider its decision to reject her appeal against the North Gauteng High Court's ruling to set aside her report on funding for the CR17 election campaign.

On Friday, the Public Protector issued a statement saying she had applied for "the rescissions, varying and/or reconsideration" of the ConCourt's dismissal earlier this month.

The High Court set aside Mkhwebane's report on the CR17 campaign in March last year on the grounds that she had "reached an irrational and unlawful conclusion on the facts before her".

The ConCourt also upheld the finding that the Public Protector was "plainly not authorised" to investigate the affairs of the CR17 campaign, because these did not relate to the activities of an organ of state.

In particular, Mkhwebane is challenging what she refers to as the "patently erroneous finding" that she changed the Executive Ethics Code by...

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