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OPINION | Why are ConCourt justices silent on Mkhwebane’s SMS ...

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OPINION | Why are ConCourt justices silent on Mkhwebane’s SMS probe?

New evidence to support public protector’s suggestion of a leak is at best flimsy, at worst speculative conjecture

Franny Rabkin

In the face of increasingly strident language from public protector Busisiwe Mkhwebane about the infamous SMS from Ismail Abramjee, the justices of the Constitutional Court have maintained a stony silence — despite a promise from chief justice Raymond Zondo to investigate and inform the public of the outcome.

Her latest “closing report” into the SMS on Tuesday is questionable in a number of respects. But the silence of the justices of the ConCourt is confounding.

The SMS is by now familiar to most people who follow the news. Sent to counsel for the speaker of parliament, Andrew Breitenbach SC, in April ahead of litigation by Mkhwebane to halt impeachment proceedings against her, the SMS said: “Hello Adv Breytenbach (sic) Re: The Public Protector case tomorrow. I have it on very good authority that the Concourt has declined to hear the Public Protector’s rescission application. The decision will be made known sometime this coming week but not later than Friday. I thought I’d just share this with you on a strictly confidential basis. Thanks.”..

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