Acting Public Protector Advocate Kholeka Gcaleka has distanced herself and her office from the lawyers who act on behalf of the suspended public protector, Busisiwe Mkhwebane, in her impeachment matter.
Matters came to a head when Advocate Gcaleka found out that Seanego Attorneys – representing Mkhwebane – had delivered a notice of amendment to Part B to the notice of motion, purportedly on behalf of the Applicant, being the Public Protector SA (PPSA).
The lawyers also delivered a notice for leave to appeal dated 4 July 2022, purportedly on behalf of the PPSA, cited as the first applicant.
Clearly unimpressed Advocate Gcaleka on Wednesday moved swiftly to tackle the matter.
In a letter addressed to – among others – the Registrar of the Western Cape High Court and dated 6 July 2022, Advocate Gcaleka, wrote: “Please take note that the Seanego Attorneys Inc. were not authorised, instructed or briefed by me as the Acting Public Protector or the Chief Executive Officer of the Public Protector as the Accounting Officer, to deliver the aforementioned application for leave to appeal nor the notice of amendment to Part B to the motion”.
She added: “In the circumstances, we intend delivering notices of withdrawal of the aforesaid application for leave to appeal, as well as the notice of motion, on behalf of the PPSA.”
Advocate Gcaleka said Seanego Attorneys Inc and counsels “are not authorised” to act on behalf of the PPSA.
“I have instructed attorneys, Salijee Govender Van der Merwe Inc., to prepare and file the above-mentioned notices,” wrote the acting public protector.
Last month, on 9 June, President Cyril Ramaphosa suspended Advocate Mkhwebane after the Constitutional Court ruled that Parliament’s impeachment proceedings against her could proceed.
Mkhwebane’s attorneys, Seanago Inc. this week filed an application for leave to appeal against the Western Cape High Court’s refusal to grant the suspended public protector an interdict to put a halt to impeachment proceedings in Parliament and prevent her suspension.
“In the event that Advocate Mkhwebane proceeds with these applications in her personal capacity if the Respondents persist with any relief they may seek, the PPSA shall abide by the decision of the court, unless any of the Respondents persist with seeking costs against the Office.”
