Neelam Rahim | neelam@radioislam.co.za

3-minute read
06 October 2024 | 18:32 CAT

Judges Matter calls for impeached Public Protector Adv. Busisiwe Mkhwebane to be investigated for racial slurs while Parliament has hit back at her social media post following the dismissal of her appeal in the Supreme Court of Appeal (SCA) in Bloemfontein. (Image – SABC NEWS)

There is widespread outrage after EFF MP and former public protector Busisiwe Mkhwebane racially attacked justices of Indian descent. Parliament’s ethics committee must investigate EFF MP Busisiwe Mkhwebane’s racially motivated attack on a Supreme Court of Appeal judge, judiciary monitor Judges Matter said on Thursday.

In a social media post, Mkhwebane blamed her ongoing struggle against her impeachment on figures predominantly of Indian descent. She singled out the late former public enterprises minister Pravin Gordhan, Cape Town advocate Nazreen Bawa, parliament’s chief legal adviser, advocate Zuraya Adhikari, and parliamentary legal adviser Fatima Ebrahim.

Mkhwebane included Ponnan in her attack on judicial officers of Indian descent after the court on Tuesday dismissed her application to appeal a 2022 Western Cape High Court ruling related to her impeachment inquiry.

Discussing the matter with Radio Islam International, the Judiciary Body Judges Matter’s Alison Tilley said it is very concerning when attacks are made on the judiciary, which is established to uphold the rule of law and implement the Constitution.

“The Judiciary must act without fear of favour. Certainly, when there is an attack of this sort on members of the judiciary it is unacceptable and is called ‘scandalising’ the judiciary which is an offence,” Tilly explains.

Tilly further pointed out that The Judges Matter is particularly concerned about the racial nature of the comments about the judiciary.

Mbekezeli Benjamin, legal researcher for Judges Matter, said the body condemned Mkhwebane’s “outrageous statement [about judge Ponnan] in the strongest possible terms” and called on Didiza to refer her comments to parliament’s ethics committee for further action.

“Parliament’s justice committee exercises oversight over the judiciary and, as a member of that committee, Ms Mkhwebane is bound by section 165(4) of the Constitution to take measures to protect the dignity of the courts. Her comments arguably violate this provision of the Constitution. We hope the speaker will refer Ms Mkhwebane’s comments to parliament’s ethics committee for further action,” Benjamin said.

Meanwhile, Parliament “dismissed with dismay” Mkhwebane’s statements, which sought to impugn the integrity of parliament’s staff and the evidence leader of the section 194 committee deliberating on Mkhwebane’s impeachment.

“There is no merit to the attack levelled against these legal advisers who have served parliament with diligence and integrity over the years,” the parliament statement reads.

Listen to the full interview on The Daily Round Up with Moulsns Junaid Kharsany and Judiciary Body Judges Matter’s Alison Tilley here.