The African Transformation Movement (ATM) has lambasted the Constitutional Court’s delay in delivering the judgment in the case of Public Protector Busisiwe Mkhwebane’s suspension.
The party said last September a full bench of the High Court unanimously ruled that Mkhwebane’s suspension by President Cyril Ramaphosa was unlawful.
It contended that this should have seen Mkhwebane return to her office, but the matter was then taken to the Constitutional Court.
The ATM said in a statement: “On the 24th of November 2022, the matter was then heard by the ConCourt on an urgent basis. The appeal to the Constitutional Court meant that the Public Protector could not get back to her office until the matter was concluded by the Apex Court.
“According to the Superior Courts Act, every effort should be made by judges to hand down judgments within three months. Yet, astonishingly, it has now been eight months since the matter was brought before the Constitutional Court, leaving the Public Protector and the entire nation in a state of limbo and uncertainty.”
The ATM said that the delay either spoke of gross incompetence at the highest levels of the judiciary, or a court actively aiding an unlawful act by the president.
“The undue delay in delivering a judgment in such a critical case not only displays a lack of respect for the Public Protector and her constitutional role, but also risks rendering the judgment moot and purely academic with no real impact on the injustice faced by advocate Busisiwe Mkhwebane. This delay casts serious doubts on the commitment of the Constitutional Court to providing timely and effective remedies for those seeking justice.”
The statement noted that the party found it troubling that matters were heard after the urgent matter of the Public Protector had been dealt with by the Constitutional Court, while Mkhwebane’s case remained unresolved.
It said that this “blatant disregard” for the urgency of her situation eroded the legitimacy of the courts and undermined public trust in the judiciary.
“Additionally,” the ATM said, “the Public Protector has lodged a complaint with the Judicial Service Commission regarding this undue delay, yet even this has failed to spur the judges into action.
“The courts, as the custodians of justice, must recognise their direct responsibility for the erosion of their own legitimacy and public trust.”