Mkhwebane Files Rescission Application For Separate Judgment

With the submission of a second rescission application, Public Protector Busisiwe Mkhwebane has set her sights on a different Constitutional Court judgment. The second rescission application seeks to overturn the ruling that laid the groundwork for her impeachment.

The submission came as no surprise given that Mkhwebane had previously announced her intention to apply to Parliament, according to TimesLIVE. Following the rejection of her initial rescission application on Wednesday, 9 March, she filed this application just before the weekend.

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The first rescission application, which was denied two days before her second application, challenged the ConCourt’s ruling that her CR17 report was unlawful. The Court also argued that Mkhwebane had not provided sufficient grounds for revocation.

In her affidavit in support of her second application, Mkhwebane explained the reasoning behind her dispute. She stated that the court’s unanimous decision was tainted with patent errors and was open to misinterpretation. Mkhwebane regarded the court’s decision as unconstitutional.

Mkhwebane raised additional concerns, including the Constitutional Court’s inability to issue a formal ruling on her claims. In Mkhwebane’s opinion, the combination of her claims that noted the ruling as being unlawful while also going against the principle of legality provided ample opportunity for rescinding.

While the application was not intended to be a hidden appeal, she explained that the ruling did not accurately reflect the court’s true intentions.

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In other breaking news, the war in Ukraine has raised the prospect of South Africans paying more than R40 per litre of gasoline later this year. Analysts predict that we will face an increase of more than R2 billion in the coming month.

So, one motor industry group is now lobbying for inclusion in the government’s review of our fuel pricing structure.

According to the Motor Industry Staff Association, it has been asked to participate in any review of the pricing methodology for gasoline. According to MISA, rising costs have an impact on its own members’ ability to get to work. On the ground, the ever-increasing price of gasoline is likely to raise taxi fares as well as food prices.

In South Africa, the fuel levy accounts for between 30 and 40% of the final price we pay at the pump. With predictions of paying more than R40, the government is likely to be forced to intervene.