Ramaphosa vs Mkhwebane judgment in quotes

2020-03-10 19:40

Kyle Cowan

WATCH | ANC welcomes court's decision to set aside Public Protector report into CR17 donation

Public Protector Busisiwe Mkhwebane displayed a lack of basic understanding of the law and was reckless in reaching serious findings against President Cyril Ramaphosa in her report into the CR17 campaign.

The Gauteng High Court in Pretoria on Tuesday set aside Public Protector Busisiwe Mkhwebane’s report into President Cyril Ramaphosa and his CR17 campaign in a scathing judgment that was handed down by a full bench comprising Judge President Dunstan Mlambo and Judges Elias Matojane and Raylene Keightley.

Here are the most important quotes from the written judgment, followed by some of News24's top stories on the matter. 

On Ramaphosa misleading of Parliament:

“In her treatment of this issue, the Public Protector demonstrated a fundamentally flawed approach to the principles underpinning the question of whether the president violated the Executive Ethics Code by wilfully misleading Parliament.”

“The Public Protector’s finding on the misleading of Parliament is fatally flawed due to an error of law.”

“It is difficult to understand how the president’s answer could rationally be viewed as anything but honest and reasonable, given the nature of Mr Maimane’s question.”

On not making a finding relating to EFF MP Floyd Shivambu’s complaint, asking her to investigate if Andile Ramaphosa did have a contract with Bosasa:

“The Public Protector did not make the obvious finding that the president had told the truth about his son having an agreement with African Global Operations [Bosasa]. In our view, in failing to do so the Public Protector did not act with an open mind, and so breached one of the cardinal requirements of her position.”

On Mkhwebane’s finding that Ramaphosa failed to disclose the donations:

“We conclude that the findings of the Public Protector on the disclosure issue are unsustainable. Rational findings must be premised on a proper factual and legal foundation. That foundation was lacking in this case.”

On Mkhwebane’s finding of suspicions of money laundering:

“Clearly, the Public Protector had no foundation in fact and in law to arrive at her finding that the president had involved himself in illegal activities sufficient to evoke a suspicion of money laundering. In addition, the Public Protector based her finding on legislation that has nothing to do with the offence of money laundering.”

“The conclusion is inescapable that in dealing with this issue the Public Protector completely failed to properly analyse and understand the facts and evidence at her disposal. She also showed a complete lack of basic knowledge of the law and its application.”

On directing the NDPP to investigate the money laundering issue:

“The Public Protector exceeded the lawful limits of her powers in the remedial action and monitoring measure she directed at the NDPP [National Director of Public Prosecutions].”

On Mkhwebane directing the Speaker of Parliament to direct Ramaphosa to declare donations and for the speaker to refer the issue of declarations to the joint committee on ethics:

“It was, in our view, simply beyond the Public Protector’s competence to issue such a directive to the speaker…clearly in our view, this was an unwarranted encroachment on the speaker’s discretionary powers by the Public Protector.”

Reckless, unfathomable and unlawful - court on Mkhwebane’s conduct in CR17 probe  

Public Protector Busisiwe Mkhwebane displayed a lack of basic understanding of the law and was reckless in reaching serious findings against President Cyril Ramaphosa in her report into the CR17 campaign.

'It was a resounding victory' - Ramaphosa's lawyer

"The number of negative adjectives used to describe her conduct were significant – 'unlawful', 'irrational', 'reckless', 'not showing partiality or an open mind'. I think those are a very sad reflection on the current occupier of the Office of the Public Protector," said Peter Harris who is President Cyril Ramaphosa's lawyer.

ANC bigwigs say Mkhwebane must fall on her sword after 'embarrassing' court ruling

Public Protector Busisiwe Mkhwebane must do the honourable thing and step aside, say high-ranking ANC figures and the party's alliance partner the SACP.

Presidency welcomes scathing judgment

In a statement released shortly after the judgment on Tuesday, Presidency spokesperson Khusela Diko said the office reaffirmed its commitment to honest and effective government.

Modise pleased with court decision on Mkhwebane’s CR17 report

Parliament's spokesperson, Moloto Mothapo, said National Assembly Speaker Thandi Modise felt that the ruling "clarifies the powers of the Public Protector as they relate to Parliament and further reinforces the principles of separation of powers upon which our constitutional democracy is based".

Flashback: What the courts said about Mkhwebane in previous battles

This is the third report of major national interest the Public Protector has had set aside by the courts and, in what is emerging as a trend with major investigations she has undertaken, the court again struck hammer blows to Mkhwebane's credibility as an investigator.

Source: https://www.news24.com/SouthAfrica/News/in-quotes-ramaphosa-vs-mkhwebane-judgment-20200310

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