Suspended Public Protector Busisiwe Mkhwebane laid into the Democratic Alliance (DA) and President Cyril Ramaphosa making for a personal cost order against her.
Mkhwebane squared off against the two in the Constitutional Court on Thursday over her suspension.
Coming just days after she had sent the president questions on the Phala Phala saga, the Western Cape High Court in September found Ramaphosa’s decision had been tainted by bias – declaring it invalid and setting it aside.
Both the president and the DA subsequently turned to the Constitutional Court with appeals and these were argued with various other related applications on Thursday.
Ramaphose and the DA want Mkhwebane to pay for their requested cost orders in her personal capacity.
The DA said the litigation was designed to further Mkhwebane’s own interests, as opposed to those of her office.
The party also said there’s no merit in the cross-appeal she lodged – or the appeal she lodged against the high court’s dismissal of her application to make its September order immediately enforceable.
Meanwhile, Ramaphosa said the Office of the Public Protector never authorised the cross-appeal or the appeal meaning he can’t be held liable.
He also said Mkhwebane’s cross-appeal and her appeal against the order on immediate enforceability are “obviously and entirely without merit” and “abusive”.
Mkhwebane said she’s tasked with performing a public function.
“What are they doing? Putting fear, imputing threats and as well causing any other person who’d want to defend and protect their flights of people to be scared of such.’’
She further expressed disappointment: “And I think even the judges should also take this very seriously and not just allow such to happen because I’m exercising my right. I am a human being; I am not just a thing or a dog or somebody who has millions stashed somewhere.’’
Judgment’s been reserved.
-EWN
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