Parliament slams Mkhwebane for her racial attack on its legal advisers

Parliament has called out impeached former public protector Busisiwe Mkhwebane for her attack on judicial officers of “Indian descent” earlier this week.

Mkhwebane took to Twitter after the Supreme Court of Appeal’s (SCA) decision on Tuesday to dismiss her “frivolous” appeal against a Western Cape high court ruling related to her impeachment inquiry and not only expressed disappointment but alleged her struggles involved figures predominantly of Indian descent.

“In light of the recent judgment by the SCA I find myself deeply disappointed and disheartened. As a former public protector, I lodged the appeal with the hope of seeking justice and clarity,” Mkhwebane said.

“The SCA's decision to strike my appeal marks a setback, not just for me personally but for all those who believed in my role as a protector of public rights and accountability. This experience has been one of disappointment and frustration, revealing a deeply ingrained bias that continues to obstruct genuine justice.”

She blamed her many failures in courts on others, particularly people of “Indian descent”. 

“These individuals include Pravin Gordhan, [Nazreen] Bawa [evidence leader], [Zuraya] Adhikarie [chief legal adviser of parliament], Hassan Ebrahim [so-called expert witness], Ivan Pillay [witness] and Fatima Ebrahim [legal adviser of parliament]. [SCA] judge [Nathan] Ponnan's attitude further underscores the challenges and biases I have faced in my quest for justice.

“It was evident that Ponnan, leading the judgment, displayed noticeable arrogance and dismissiveness throughout the proceedings.”

Parliament spokesperson Moloto Mothapo said the legislature noted with dismay Mkhwebane’s “unfounded utterances” which sought to impugn the integrity of parliament’s staff members, particularly its chief legal adviser, a parliamentary legal adviser as well as section 194 committee evidence leader.

“There is no merit in the attack levelled against these legal advisers who have served parliament with diligence and integrity over the years. The unwarranted attack on these officials, along with the racial slurs used by Mkhwebane, is particularly regrettable in a democratic society such as ours, where human dignity should be protected and respected,” said Mothapo.

As an MP and a public representative who owes allegiance to the constitution, Mkhwebane has a responsibility to uphold and protect the values enshrined in the constitution, which are the cornerstone of South Africa’s democracy.

Mothapo said Mkhwebane had sought the court’s intervention to express her dissatisfaction with the outcome of the section 194 committee, which the court has since struck from the roll. 

Parliament impeached Mkhwebane last September after a section 194 inquiry found her guilty of misconduct and incompetence. She is now an EFF MP.

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