ConCourt refuses to grant Mkhwebane leave to appeal SCA judgment

The Constitutional Court has refused to grant former Public Protector, Advocate Busisiwe Mkhwebane’s leave to appeal the October SCA judgment which dismissed her bid to review her impeachment.

The decisions of the Section 194 inquiry led to her removal from office.

The apex court found that the application for leave to appeal must be dismissed on the basis that it is moot.

Advocate Mkhwebane turned to the apex court after the Supreme Court of Appeal (SCA) concluded in October 2024 that her impeachment-related bid falls to be struck from the roll with costs.

The court’s reasoning included numerous grounds, namely, that there was neither a proper appeal before the court, nor an appellant to prosecute it.

This as the matter which cited the ‘Public Protector of South Africa’ as the appellant followed the conclusion of the Section 194 inquiry and Mkhwebane’s subsequent removal from the office of the Chapter Nine body.