PRETORIA – The EFF says the legal battle around the CR17 campaign funding is not over.
They’re planning to appeal Tuesday’s ruling with the Constitutional Court.
The High Court in Pretoria set aside the Public Protector’s report into Cyril Ramaphosa’s ANC Presidency campaign funding.
The High Court has found that the Public Protector’s approach to the investigation was flawed from the start.
Justice Elias Matojane said, “by no stretch of law, logic or ethics could conduct of this nature be said to amount wilful misleading of parliament. In her treatment of this issue, PP demonstrated a fundamentally flawed approach underpinning the questions whether the Pres violated the executive code”
More worryingly, the judge says advocate Busisiwe Mkhwebane seemed to refuse to be fair-minded.
He said, “she displayed a deep-seated inability or refusal to process facts before her in a logical and fair-minded manner. Such a response is difficult to reconcile with her constitutional obligations.”
But it was most critical of her finding that there was a suspicion of money laundering.
The court says this is baseless.
Matojane said, “she also showed a complete lack of basic knowledge of the law and its application. She clearly did not acquaint herself with the relevant law that actually defines and establishes the offence of money laundering before making serious unsubstantiated findings of money laundering against a duly elected head of state.
This scathing criticism of advocate Busisiwe Mkhwebane from a full bench of the high court now makes it highly unlikely that she will be able to stop parliament from removing her as Public Protector.