Constitutional Court Dismisses Mkhwebane's Appeal

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Constitutional Court Dismisses Mkhwebane's Appeal
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Former Public Protector Busisiwe Mkhwebane's bid to appeal a ruling against her impeachment attempt has been dismissed by the Constitutional Court. The court found her application to be moot and lacking justification for its consideration.

The apex court said Mkhwebane 's leave to appeal application 'must be dismissed on the basis that it is moot'.

In a two-page order delivered by Chief Justice Mandisa Maya on Wednesday, the apex court said Mkhwebane’s leave to appeal application “must be dismissed on the basis that it is moot and that nothing warrants the court’s exercise of a discretion to entertain it despite its mootness”.

“To understand the decision-making process, those who practice in this court are expected to have more than just a nodding acquaintance with the relevant rules, as also the established jurisprudence of this court. In November 2022, Mkhwebane approached the Western Cape High Court, seeking Dyantyi’s and Mileham’s recusal from her impeachment inquiry.

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