The Western Cape High Court has dismissed with costs suspended Public Protector Busisiwe Mkhwebane’s application for a review of the decisions of Section 194 Committee Chairperson Qubudile Dyantyi and DA MP Kevin Mileham not to recuse themselves.
She has also been ordered to pay Dyantyi and Mileham’s costs.
Mkhwebane sought Dyantyi’s recusal on 12 grounds including that he had prejudged issues. Parliament has welcomed the judgment.
Parliament spokesperson Moloto Mothapo says, “The court held that it is only in rare cases where grave injustice might occur, through justice not being attained by other means, that a court will entertain an application for review before the conclusion of such proceedings. It therefore found Adv Mkhwebane’s review application was premature. It further held that it would not be appropriate for the court to permit a piecemeal review of proceedings as no exceptional circumstances were demonstrated and that the balance of convenience favours a decision to dismiss the application brought by Adv Mkhwebane.”
Source: SABC News
