Chief Justice's Office slams Mkhwebane’s ‘uncalled for’ racial remarks
The Office of the Chief Justice says former
public protector Busisiwe Mkhwebane's racial remarks on social media show a
lack of understanding of the functions of the judiciary.
Earlier this week, the Supreme Court of Appeal struck from the roll her appeal against the High Court's decision to reject her application to have the chair of her impeachment inquiry removed.
Justice Visvanathan Ponnan also criticised the handling of the matter by Mkhwebane's legal representative, Dali Mpofu, saying soapbox oratory and political posturing do not belong in the courtroom.
Mkhwebane took to social media after the outcome, saying she is seemingly being persecuted, primarily by figures of Indian descent.
READ: MKP files application to interdict JSC sitting
She singled out Justice Ponnan and Nazreen Bawa, who led evidence in her impeachment inquiry, as well as the late minister Pravin Gordhan.
"The Supreme Court of Appeal sit as a panel of five judges and there is no ranking when it comes to a judge deciding on behalf of the others,” Judiciary spokesperson Judge Cagney Musi explained.
Musi said judges are not appointed to sit on cases based on their ethnicity.
"It is firstly based on availability and sometimes based on seniority. So, Judge Ponnan did not decide he wanted to sit on this case, and it is, therefore, totally unfair and uncalled for. There are four other judges who could have voted against Judge Ponnan, but this was a unanimous judgment.”
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