Public Protector of South Africa v Chairperson: Section 194(1) Committee and Others (18882/2022) [2023] ZAWCHC 73

14th April 2023

Public Protector of South Africa v Chairperson: Section 194(1) Committee and Others (18882/2022) [2023] ZAWCHC 73

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[1]          In this application, the applicant, the Public Protector of South Africa, Advocate Busisiwe Mkhwebane, seeks the following relief on an urgent basis:

‘…2. Declaring that first and/or second respondents’ decision(s):

2.1       to dismiss the recusal application(s) of the applicant taken on 17 October 2022;

2.2       taken on 27 October 2022, to dismiss the adjournment application and/or to continue with its proceedings as presently constituted, to be unlawful, invalid and/or unconstitutional; and/or

2.3       taken, and/or confirmed on or before 17 October 2022, to refuse and/or omit to summon, subpoena and/or recall relevant witnesses to testify at the enquiry.

3.         Setting aside the said decision/s referred to in prayer 2 above.

4.         Substituting the said decision/s with the following:

4.1       that the first respondent is hereby recused and/or removed from his office as Chairperson of the section 194(1) Committee; and/or

4.2       that Mr Kevin Mileham is hereby recused and/or removed from his membership of the section 194(1) Committee; and/or

4.3       relevant witnesses be subpoenaed and/or recalled to testify; and/or

4.4       that the Committee proceedings will only take place after its composition has been duly corrected and/or confirmed by this Honourable Court.

5.         Granting any further, appropriate, just and equitable remedies in terms of section 8 of PAJA, section 38 or section 172(1)(b) of the Constitution.

6.         Costs against any opposing respondents on the punitive scale.’