Mkhwebane’s counsel argues that her appeal can still be pursued

The bench of the Supreme Court of Appeal has questioned whether Advocate Busisiwe Mkhwebane’s appeal of the Western Cape High Court judgment will have any practical effect.

Mkhwebane is before the appellate court after her application to have the Chairperson of the Section 194 inquiry, Qubudile Dyantyi, and the Democratic Alliance’s, Kevin Mileham recuse themselves, was dismissed.

Mkhwebane’s legal counsel, Advocate Dali Mpofu argues that the appeal can still be pursued even though events have overtaken the matter.

Instead, he asserts that the vindication of the Constitution and the impeached Public Protector would be actionable.

“Advocate Mkhwebane says I have suffered multiple violations of my Constitutional Rights at the hands of these respondents. As a result of that, I had to go through an illegal process and she comes to a court of law to say, ‘I want to vindicate the Constitution and my rights’, and she can be told it has no practical effect. That is not our law. Our law is the exact opposite of that. That, on its own, has practical effect. What is the practical effect? The vindication of the Constitution itself is actionable.”

Court proceedings below: