Mkhwebane's racial remarks are unsubstantiated and not tolerated — judiciary

The judiciary said it was disappointed by the racial remarks made by impeached former public protector Busisiwe Mkhwebane

The racial remarks made by EFF MP and impeached former public protector Busisiwe Mkhwebane about members of the judiciary this week are unsubstantiated and will not be tolerated, according to a statement issued by the office of the chief justice on behalf of the spokesperson for the judiciary judge president Cagney Musi. 

The judiciary said it notes with “disappointment and disapproval” racial comments made by Mkhwebane about Supreme Court of Appeal (SCA) judge Visvanathan Ponnan.

This week, the SCA dismissed Mkhwebane’s appeal of a 2022 Western Cape High Court ruling which didn’t grant her an order for the then-chairperson of the justice portfolio committee to recuse himself in her section 194 inquiry.

Mkhwebane took to X and said she was disappointed and disheartened by the judgment and faced an “ongoing struggle” involving key figures who were “predominantly of Indian descent, who have positioned themselves as my persecutors”.

“These individuals include Pravin Gordhan, [Nazreen] Bawa [evidence leader], [Zuraya] Adhikarie [chief legal adviser of parliament], Hassan Ebrahim (so-called expert witness), Ivan Pillay [witness] and Fatima Ebrahim [legal adviser of parliament]. [SCA] judge [Nathan] Ponnan's attitude further underscores the challenges and biases I have faced in my quest for justice.”

Musi said while those who have brought matters before a court have a right to express their opposing views, racially charged comments are unacceptable and will not be tolerated.

South Africa was founded on values of human dignity, equality and advancement of human rights and freedoms, including nonracialism and non-sexism, the supremacy of the constitution and the rule of law as set out in the constitution.

Judicial officers swear and affirm to be faithful to the country when taking office and to uphold and protect the constitution, human rights, administer justice impartially and within the constitution, Musi said.

“Any suggestion that a judicial officer has failed to uphold this oath of office is a serious accusation that must be reported to the Judicial Service Commission for investigation.

“However, unsubstantiated allegations of racial bias against members of the judiciary are inappropriate and will not be tolerated. The South African judiciary is independent and subject only to the constitution and the law, which it will continue to apply impartially and without fear, favour or prejudice,” Musi said.

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