This latest defeat comes after a legal blow earlier this month when the Supreme Court of Appeal (SCA) dismissed her application to appeal against the judgment that led to her impeachment in 2023.
“The persistent use of the courts, not just as instruments of justice, but seemingly as tools of attrition against me, underlines a broader critical view of how such institutions may be leveraged against individuals,” she said.
“For those observing, it raises questions about the integrity and impartiality of the legal processes when they appear entangled with political machinations. The repeated legal and financial pressures directed at me seem to echo a narrative where the system is put to the test, revealing underlying inequities and systemic manipulation.
“In this legal environment, it becomes crucial for advocates, observers and critics alike to remain vigilant. They must question whether the courts are merely upholding the law or if they are being manipulated to serve as instruments of persecution against those who stand their ground against systemic pressures.”
Earlier this year, public protector Kholeka Gcaleka pinned her hopes on the courts to provide clarity over the legal conundrum of whether an impeached head of the institution is entitled to the money.
Mkhwebane was the first public protector to be impeached and her removal has become a case study for the legal fraternity.
TimesLIVE
'Weaponised to financially burden me': Mkhwebane slams latest legal blow
Image: Brenton Geach/Gallo Images
Former public protector Busisiwe Mkhwebane believes the Pretoria high court's dismissal of her application for a R10m gratuity payout is “seemingly weaponised to financially burden and corner” her.
Mkhwebane, currently an EFF MP, on Wednesday lost her bid to force the public protector's office to pay her a gratuity despite her impeachment. She was removed from office due to misconduct and incompetence.
Mkhwebane expressed her frustration and disappointment, claiming the legal system was “being used to financially burden her”.
“The recent judgment has struck a disheartening chord with many who observe the legal landscape and the intricate dance between law and justice. The case reflects a persistent pattern of legal proceedings that have seemingly been weaponised to financially burden and corner me, as the former public protector of South Africa,” she said.
“Judge Omphemetse Mooki's decision to dismiss my urgent application on October 9 for a R10m gratuity, following my removal from office in September 2022, adds another chapter to this ongoing saga.
“Such a relentless pursuit of costs paints a picture of choreographed persecution, where legal costs and proceedings are used systematically to drain resources and morale.”
Court rejects Busisiwe Mkhwebane's 'absurd' R10m gratuity demand
This latest defeat comes after a legal blow earlier this month when the Supreme Court of Appeal (SCA) dismissed her application to appeal against the judgment that led to her impeachment in 2023.
“The persistent use of the courts, not just as instruments of justice, but seemingly as tools of attrition against me, underlines a broader critical view of how such institutions may be leveraged against individuals,” she said.
“For those observing, it raises questions about the integrity and impartiality of the legal processes when they appear entangled with political machinations. The repeated legal and financial pressures directed at me seem to echo a narrative where the system is put to the test, revealing underlying inequities and systemic manipulation.
“In this legal environment, it becomes crucial for advocates, observers and critics alike to remain vigilant. They must question whether the courts are merely upholding the law or if they are being manipulated to serve as instruments of persecution against those who stand their ground against systemic pressures.”
Earlier this year, public protector Kholeka Gcaleka pinned her hopes on the courts to provide clarity over the legal conundrum of whether an impeached head of the institution is entitled to the money.
Mkhwebane was the first public protector to be impeached and her removal has become a case study for the legal fraternity.
TimesLIVE
MORE:
WATCH | Mkhwebane to find out if she will get R10m gratuity
'Let’s forget about race': Mkhwebane apologises for 'Indian descent' remarks
Parliament slams Mkhwebane for her racial attack on its legal advisers
EDITORIAL | Mkhwebane must stop playing the victim
'I'm deeply disappointed and disheartened': Mkhwebane after SCA strikes her appeal
‘Dead on arrival’: SCA blasts Dali Mpofu and strikes Mkhwebane’s appeal from the roll
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