The personal cost order granted against Public Protector Busisiwe Mkhwebane by the High Court is therefore overturned. The order was granted last year on a matter between her and Pravin Gordhan.
Delivering her judgement, judge Sisi Khampepe raised concerns about what she believes was interference by the high court when ordering Mkhwebane to pay the cost. material misdirection by the high court.
“Was this a material misdirection by the high court that would warrant the interference of this court? The answer is yes,” judge Khampepe said.
ConCourt: High Court materially misdirected itself when ordering Busisiwe Mkhwebane to pay costs in her personal capacity. Held: "the Public Protector is a constitutional servant, like the courts, and her Office should be afforded respect. Full judgment: https://t.co/BsIygtg9dC pic.twitter.com/5Uon3WYug6
— SAFLII (@saflii) May 29, 2020
Judge Khampepe said the high court did not take into account the adverse allegations advanced by Gordhan against Mkhwebane, as those allegations were not relevant to the granting of the interim order.
“Thus, absent reasons for granting a personal costs order against the public protector and disavowing the adverse allegations, there seems to be no factual basis for making a personal costs order,” she added.
Khampepe warned that there was a danger that unreasoned and unsupported criticism against the courts and the Public Protector may undermine constitutional democracy.
Judge Sullet Poterill who handed down the cost order against Mkhwebane was removed from the Mkhwebane's review case after she reported her.
[READ] 📑Judgments by Judge Sullet Poterill (PP costs) and Judge Ronel Tolmay (PP and Dudu Myeni) OVERTURNED by the Supreme court of appeal
— Sphithiphithi Evaluator (@_AfricanSoil) May 29, 2020
Were they ordered to pay or deemed incompetent? Were they removed as judges?
[See Thread] pic.twitter.com/3kvrXnX2hq
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