October 19 2016 — Busisiwe Mkhwebane appointed public protector.
August 17 2017 — Judge John Murphy’s judgment in Sarb v public protector and Others found her remedial action that the mandate of the SA Reserve Bank should be amended, breached the separation of powers. Murphy said it was disconcerting that the public protector seemed impervious to criticism or disinclined to address it. “A dismissive and procedurally unfair approach by the public protector to important matters placed before her by prominent role players in the affairs of the state, will tarnish her reputation and damage the legitimacy of her office,” said Murphy.
February 16 2018 — Judgment of judges DS Fourie, Nomonde Mngqibisa-Thusi and Cynthia Pretorius in Absa v public protector and Others: Court finds “the public protector does not fully understand her constitutional duty to be impartial and to perform her functions without fear, favour or prejudice”. The judges also said she “failed to make a full disclosure” in her answering affidavit. They ordered the public protector to pay 15% of the costs in her personal capacity on an attorney-client scale.
March 6 2018 — Mkhwebane grilled by the justice portfolio committee on her Vrede Dairy Report. By that time, the DA and Council for the Advancement of the SA Constitution (Casac) had launched litigation on the report.
November 27 2018 — ConCourt hears Mkhwebane’s application for leave to appeal against the personal and punitive costs order in the Absa judgment.
May 20 2019 — Judge Ronel Tolmay gives judgment in the Vrede Dairy case brought by the DA and Casac. Judge Tolmay said Mkhwebane narrowed the scope of the investigation so dramatically it “sidestepped all the crucial aspects regarding the complaints and led to a failure on her part to execute her constitutional duty”. The judge postponed her decision on a personal costs order until the ConCourt decided Mkhwebane’s appeal in the Absa matter.
May 23 2019 — DA leader John Steenhuisen makes the party’s first request for the removal of Mkhwebane.
July 10 2019 — National Assembly speaker Thandi Modise writes to chair of the justice portfolio committee, Gratitude Magwanishe, requesting the committee consider and report back to the assembly on Steenhuisen’s request.
July 22 2019 — ConCourt hands down judgment in the Absa case, saying she had been dishonest and her conduct “fell short of the high standards required of her office”.
August 15 2019 — Judge Tolmay hands down judgment on costs in the Vrede Dairy case, ordering Mkhwebane to pay 7.5% of the DA and Casac’s costs in her personal capacity on an attorney-client scale. In her judgment, she said Mkhwebane’s “conduct during the entire investigation constitutes gross negligence. She failed completely to execute her constitutional duties.”
August 27 2019 — the committee reported to Modise that there were no rules for the removal of Mkhwebane. It was of the view that rules were necessary. It requested urgent referral to the rules committee.
December 3 2019 — The National Assembly unanimously adopted new rules for the removal of the heads of chapter nine institutions.
December 6 2019 — Natasha Mazzone, new chief whip of the DA, withdraws Steenhuisen’s motion and submits a new one in terms of the new rules.
February 4 2020 — Mkhwebane goes to court to have the rules declared unconstitutional and, in the interim, to interdict any further steps in her impeachment.
February 21 2020 — Mazzone withdraws her motion and submits a new, more detailed one, with new charges of misconduct and incompetence.
March 20 2020 — Part A for the interim interdict was postponed until further notice due to the Covid-19 pandemic. The business of parliament had been suspended.
June 8 2020 — The processing of the motion of impeachment in parliament resumes.
Mkhwebane’s conduct during the entire investigation constitutes gross negligence. She failed completely to execute her constitutional duties.
— Judge Ronel Tolmay
August 12, 13, 14 2020 — Virtual hearing of Mkhwebane’s urgent interim interdict application by judges Vincent Saldanha, Elize Steyn and Monde Samela.
October 9 2020 — Mkhwebane’s application for an urgent interim interdict to prevent the impeachment process pending a challenge to the impeachment rules is dismissed by the Western Cape high court.
November 25 2020 — Modise appoints an independent panel chaired by retired ConCourt justice Bess Nkabinde to determine if Mkhwebane has a prima facie case to answer.
January 21 2021 — Mkhwebane appears in court on three counts of perjury related to her affidavits in the Bancorp matter.
February 24 2021 — The independent panel’s report finds there is prima facie evidence of misconduct and incompetence.
March 16 2021 — The National Assembly considers the independent panel report and votes in favour of establishing a committee in terms of section 194 of the constitution (an impeachment committee).
June 7 to 11 2021 — Judges Baartman, Dolamo and Nuku of the Western Cape high court hear arguments on part B of Mkhwebane’s application on the constitutionality of the impeachment rules.
July 28 2021 — Western Cape high court delivers judgment on part B, finding the rules unconstitutional in two respects — that the independent panel may include a judge and that legal representation is excluded during impeachment hearings before the section 194 committee.
August 18 2021 — The speaker applies to the ConCourt for leave to appeal against the Western Cape high court judgment on impeachment rules. The impeachment process in parliament is put on hold pending a decision on the appeal.
February 4 2022 — ConCourt delivers judgment on the impeachment rules, clearing the way for the process to proceed.
February 21 2022 — Mkhwebane writes to the impeachment committee, saying she will apply for rescission of the ConCourt judgment.
February 22 2022 — The committee decides to proceed with its work nonetheless.
March 10 2022 — Speaker writes to President Cyril Ramaphosa informing him the committee has resumed process.
March 11 2022 — Mkhwebane formally launches her application for rescission of judgment to the ConCourt.
March 17 2022 — President Ramaphosa writes to Mkhwebane to give her the opportunity to provide written submissions on why she should not be suspended.
March 23 2022 — Mkhwebane’s attorneys Seanego write to the section 194 committee demanding it suspend its work while the rescission application is pending.
March 29 2022 — The committee meets and decides to proceed with its work.
April 1 2022 — Mkhwebane goes to the Western Cape high court urgently seeking to interdict the impeachment process and fend off her suspension pending part B.
April 24 2022 — Ismail Abramjee sends an SMS to Andrew Breitenbach. Abramjee claims to know the outcome of an application by the public protector pending at the ConCourt before it is delivered, saying he knows this “on very good authority”. The SMS said “the decision will be made known some time this coming week but not later than Friday”.
April 26 2022 — Part A is due to be heard in court, the SMS is disclosed and the case is postponed to May 17 and 18. The parties write to the ConCourt asking if the contents of the SMS are true.
May 6 2022 — The ConCourt dismisses Mkhwebane’s application for rescission
May 10 2022 — Mkhwebane applies to the ConCourt to overturn its refusal to rescind its judgment on the impeachment rules.
May 17 and 18 2022 — The Western Cape high court hears arguments in Mkhwebane’s urgent interdict application.
May 25 2022 — Mkhwebane approaches the African Commission on Human and Peoples Rights, seeking urgent intervention to prevent her suspension and halt the impeachment process.
June 9 2022 — President Ramaphosa suspends Mkhwebane.
June 10 2022 — The Western Cape high court dismisses Mkhwebane’s urgent application to prevent her suspension and halt impeachment process.
June 17 2022 — The office of the chief justice releases a report into the investigation by retired president of the Supreme Court of Appeal (SCA) Lex Mpati into the Abramjee SMS saga. Justice Mpati finds there is no evidence of anyone within the ConCourt disclosing confidential information to Abramjee
June 17 2022 — Mkhwebane asks for part B of her case, as amended, in the Western Cape high court to be heard urgently — to set aside her suspension and earlier steps taken in the impeachment.
July 1 2022 — The acting public protector says her office is continuing with its investigation into the Phala Phala farm allegations involving President Ramaphosa and that he will answer the public protector’s questions in the investigation after requesting an extension.
July 4 2022 — Mkhwebane applies for leave to appeal against the Western Cape high court judgment of June 10.
July 7 2022 — The public protector’s office withdraws the application for leave to appeal and part B of the case in the Western Cape high court. The public protector’s office clarifies it will not pay for some of the litigation undertaken by Mkhwebane, but will fund the “challenge of her suspension, her defence during the impeachment proceedings and the perjury criminal case”.
July 11 2022 — Impeachment hearings in parliament are due to begin.
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