Africa-Press – South-Africa. Public Protector Busisiwe Mkhwebane has filed a second application with the Constitutional Court to rescind its earlier impeachment judgment.
Last month, Mkhwebane told Parliament that she would be making the application. The court papers were filed on Friday.
According to her affidavit, Mkhwebane said the apex court’s judgment contained “patent errors” and ambiguities.
“The ambiguity, patent error and/or omission is only to the extent of the court’s failure to apply the most basic rules for Constitutional validity and the rule of law as well as the established in the well-known Pharmaceutical and Fedsure cases,” the affidavit reads.
She added that the court in its judgment had not identified the empowering provision of the Constitution or any legislation which authorises the Speaker or Chief Justice to appoint a judge for a panel of a National Assembly.
On Wednesday, the Public Protector launched an application to rescind the Constitutional Court’s ruling against her, for altering the words of the Executive Ethics Code to justify a finding that President Cyril Ramaphosa unethically misled Parliament.
However, the court unanimously ruled that Mkhwebane’s application for the rescission of its majority ruling, which confirmed the invalidation of her CR17 report by the Gauteng High Court in Pretoria, should be dismissed “as no case has been made for rescission”.
The judgment Mkhwebane wants reversed found that the rules for the impeachment of the heads of Chapter 9 institutions were unconstitutional.
“The order as it stands does not reflect the real intention of the court and the ambiguous language, patent error or omission can only be attributed to the court itself,” Mkhwebane said.
She added that the court must create a balance between the principle of finality of litigation and expansion of circumstances in which rescission is granted.
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