The High Court of South Africa has ruled against Public Protector Busisiwe Mkwebane’s report on President Cyril Ramaphosa’s ANC election campaign R500, 000 donation, known as CR17 which the Public Protector had argued that it was unlawful and misleading.
High Court Judge Elias Matojane said the report by the Public Protector was marred with fundamental difficulties.
“To begin with, it is apparent that the Public Protector was confused about the legal foundation of her findings,” he said.
The Judgement handed down today, followed the Public Protector’s investigation into allegations of a violation of the Executive Ethics Code through an alleged improper relationship between the President and African Global Operations (AGO), which previously traded as Bosasa.
The Public Protector argued that her findings implied that President Ramaphosa misled the parliament regarding his R500, 000 campaign donation.
However, Judge Matojane said for some inexplicable reasons the Public Protector reframed the paragraph and the text in paragraph 5.1.2(28) of her report.
“She purpotes to quote frame paragraph 2.5 (a) where she says regard must be to section 2.3 of the code which states that members may not deliberately or inadvertently misled the President or premier or as in this case, the legislature,” he said.
Judge Matojane said the President was correct in his submission and that the Public Protector’s confusion permeates her entire consideration of the issue.