The Western Cape High Court has adv. Busisiwe Mkhwebane’s application in which she asks that a decision of Parliament’s section 194 committee regarding its chairman, Qubudile Dyantyi, and committee member Kevin Mileham be reviewed, has been dismissed.
A full bench of judges dismissed the Public Protector’s (OP) application with costs on Thursday.
With this application, Mkhwebane requested, among other things, that Dyantyi and Mileham’s refusal to withdraw from the case against her be reviewed and set aside. This after the committee already rejected her request last year.
However, the High Court has now in turn ruled that a court will only consider an application for review before the conclusion of parliamentary proceedings in cases of serious injustice. However, Mkhwebane could not prove that a glaring injustice had been committed against her.
The court consequently found that Mkhwebane’s review application was premature.
Rhewal reported earlier that Mkhwebane requested in this application that Dyantyi withdraw from the case on at least twelve grounds. The grounds include the allegation that Dyantyi is believed to be unduly biased and colluded with witness leaders.
Mileham’s withdrawal was again requested on the grounds that he is married to DA Chief Whip Natasha Mazzone, who tabled the motion for the inquiry into Mkhwebane.
The section 194 committee is investigating Mkhwebane’s competence and possible removal as OB. However, the committee’s investigation is now being delayed after almost nine months because funds for legal fees have been exhausted.
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