Judges Jody Kollapen and Dunstan Mlambo say they never disclosed any confidential information to legal analyst Ismail Abramjee, the Office of the Chief Justice said in a statement on Thursday.
It was addressing the “closing report” by public protector Busisiwe Mkhwebane into her investigation into the infamous SMS, which Mkhwebane said suggested a possible leak from the Constitutional Court in litigation she was involved in.
The SMS was sent by Abramjee to counsel for the speaker of parliament in April, ahead of litigation to halt impeachment proceedings against her. It said Abramjee had it on “very good authority” that the Constitutional Court had declined Mkhwebane’s application — then still pending before the apex court — to rescind its earlier judgment on parliament’s impeachment rules and would be making its decision known in the coming week.
In her closing report on Wednesday, Mkhwebane referred to phone records she had subpoenaed. They listed 18 phone calls between January and April, between numbers registered to Abramjee and Constitutional Court justice Kollapen, as well as one between Gauteng judge president Mlambo, now acting in the Constitutional Court.
After the SMS was brought to the attention of the Constitutional Court, chief justice Raymond Zondo said it would be investigated. Thursday’s statement said the investigation was almost complete. “It is contemplated that it will be completed by the end of next week or in a few days thereafter. The outcome will be made public.”
It added that Zondo wished to indicate that “within days after Mr Abramjee’s SMS saga had arisen”, judge Kollapen disclosed that he had known Abramjee for many years and they lived in the same area.
“He also informed the Chief Justice and other Justices of the Constitutional Court that he and Mr Abramjee are members of the Pretoria Legacy Foundation and that he and Mr Abramjee do interact with each other, including by calling each other,” said the statement.
Kollapen also pointed out that Abramjee attended a function in March organised by the Pretoria Legacy Foundation in Kollapen’s honour.
Mlambo informed the chief justice and ConCourt judges that he too attended the function, where he met Abramjee for the first time. He had not met him since.
“Both Justices also stated that they never disclosed to Mr Abramjee any confidential information concerning any case at the Constitutional Court,” the statement said.
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