The "objective facts" suggest that it is unlikely that Constitutional Court justices leaked their decision on the rescission of Public Protector Busisiwe Mkhwebane, Parliaments advocate, Andrew Breitenbach, SC, argued in the Western Cape High Court on Thursday.

Mkhwebane wants the court to interdict Parliament against continuing with its impeachment process against her and to stop President Cyril Ramaphosa from suspending her.

On Wednesday, her advocate, Dali Mpofu, SC, argued that she was a "lonesome woman" facing a conspiracy by the most powerful actors in society - the president, the speaker of Parliament, the Chief Justice, the media and civil society.

Much of this conspiracy is based on an unsolicited SMS sent to Breitenbach on a Sunday afternoon by self-described legal analyst Ismail Abramjee, which stated that the Constitutional Court would dismiss the rescission application.

After the Constitutional Court effectively gave Parliament the green light to continue with the impeachment process in February, Mkhwebane asked the court to rescind its decision. This was eventually dismissed without a hearing on 6 May (a week later than Abramjee stated in the controversial SMS).

Meanwhile, while Parliament restarted its impeachment proceedings, Speaker Nosiviwe Mapisa-Nqakula wrote to Ramaphosa to inform him of this, and he asked Mkhwebane why he shouldn't suspend her.

In the second part of her litigation, Mkhwebane wants the court to declare Mapisa-Nqakula's letter to Ramaphosa unlawful.

She is also asking the Constitutional Court to rescind its rescission decision.

During the High Court proceedings on Wednesday, Mpofu described the SMS as "the biggest scandal to ever hit our courts".

"What should concern you is a situation where there is a possibility - I wouldn't put it higher than that - there is a possibility that someone on the Constitutional Court leaked a judgment to influence you – this court," he said.

In court papers, Mkhwebane also attacked the apex court.

In her affidavit, she said, "At a prima facie level, the integrity of the highest court in the land is compromised, until the judges of the Constitutional Court, including the administration staff, have been cleared from any reasonable suspicion of criminality by a credible investigation."

"There will otherwise always be a lingering suspicion that one of the Constitutional Court judges may have leaked the information or that another functionary of the court did."

On Thursday, arguing before Judges Nathan Erasmus, Mokgoatji Dolamo and Derek Wille, Breitenbach said Abramjee's reasons for sending the SMS and whether he had inside information, had nothing to do with the work of the Section 194 committee that must decide whether Mkhwebane was guilty of misconduct and incompetent.

He said he disclosed the SMS to the court and the other parties, so whatever Abramjee sought to achieve wasn't achieved.

Breitenbach said: "The objective facts, unlike the speculation...point to there being very little prospect of the Chief Justice's investigation revealing that one of the justices of the court participating in the decision to dismiss the first rescission application, were responsible for a leak to Mr Abramjee."

He said the impeachment process was a unique opportunity for her to clear her name.

Breitenbach said that Judge Vincent Saldanha previously ruled against Mkhwebane when she tried to stop the parliamentary process.

"They wanted to stop it at an earlier stage, and they failed. Now they want to stop it again," Breitenbach submitted.

"We're in the same boat as we were before."

He asked whether it was even permissible for a full Bench to consider the same question that was previously ruled on.

He added that Mkhwebane had been heard all the way to the Constitutional Court.

The hearing continues on Thursday afternoon.

Counsel representing Ramaphosa and the DA are to argue their cases before Mpofu responds.