Public Protector Busisiwe Mkhwebane is not giving up her fight to bring down President Cyril Ramaphosa.
Earlier this month the Constitutional Court ruled that the CR17 campaign matter remains a private one.
The apex court also took exception to Mkhwebane’s altering words in the Executive Ethics Code in her report.
The Constitutional Court upheld the high court ruling that overturned Mkhwebane’s CR17 report released in July 2019 in which she claimed Ramaphosa misled Parliament and benefited from dodgy donations from Bosasa that amounted to money laundering.
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Delivering the Constitutional Court ruling earlier this month, Judge Chris Jafta upheld the high court’s ruling that the public protector’s report had no basis in law.
Not one to give up – Mkhwebane on Sunday released a statement arguing for a review.
The public protector said on Friday she “approached the Constitutional Court with an application for the rescission, varying and/or reconsideration of the apex court’s dismissal earlier this month of the office’s appeal against the high court decision to set aside the Bossasa investigation report”.
Mkhwebane said her application centres on the “patently erroneous” finding that she “changed” the Executive Code of Ethics, replacing the word “willfully” with “deliberately or inadvertently”.
However, Mkhwebane says she will argue the Constitutional Court relied on the old version of the ethics code.
Essentially the public protector is asking the Constitutional Court to review its findings against her report and instead find that Ramaphosa must answer to misleading Parliament, and engaging in money laundering.
In the Constitutional court ruling on 1 July, Judge Jafta said Mkhwebane overstepped her powers in investigating the CR17 campaign for the ANC presidency. He said Mkhwebane did not have authority to investigate money laundering allegations.
Judge Jafta also found that Ramaphosa did not willfully mislead Parliament on 6 November 2018 in his response to an opposition question over a R500 000 donation from Bosasa, now Africa Global Operations.
