ConCourt denies Mkhwebane’s second cancellation request

In its ruling, which was handed down on Wednesday, the Constitutional Court said it had considered the Ombudsman’s second request for annulment and concluded that it too should be dismissed.

FILE: Public Protector Busisiwe Mkhwebane. Photo: @PublicProtector/Twitter.

JOHANNESBURG — The Constitutional Court rejected another last-minute bid by suspended public protector Busisiwe Mkhwebane to try to salvage her rules challenge from impeachment and slapped her with a personal costs order, finding it a an abuse of the legal process.

Last July, the Western Cape High Court dismissed his challenge in its entirety.

And in February, the Constitutional Court too.

Mkhwebane then filed a request for annulment with the Constitutional Court, but this was rejected in May.

However, not wanting to give up the fight, Mkhwebane then – somewhat oddly – ​​filed a second dismissal request in an attempt to get the court to reverse its decision on the first.

This too has now been rejected.

In its ruling, which was handed down on Wednesday, the Constitutional Court said it had considered the Ombudsman’s second request for annulment and concluded that it too should be dismissed.

The court concluded that no case had been established for an annulment.

Mkhwebane is also ordered to pay the application fee out of his own pocket.

The court said the request was an abuse of process.

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