Zuma ruling: Mkhwebane doesn’t agree with JZ’s prison sentence

Public Protector Advocate Busisiwe Mkhwebane doesn’t think the Constitutional Court’s overall ruling to send former president to prison was the right one, despite not having read the full judgement to get a better understanding as to how the decision was reached.

Mkhwebane held a media briefing on Wednesday, 30 June 2021. She said she was still studying the judgement.

“I am still studying the judgment, I have seen the minority judgement which I think I follow, because everyone has the right to be heard,” she said.

“Everyone has a right to be protected in terms of the Constitution, and I think I am more aligned to the minority judgment in this particular matter.”

Public Protector, advocate Busisiwe Mkhwebane

In the historic majority judgment handed down on Tuesday, acting Deputy Chief Justice Sisi Khampepe found that Zuma had left the court with no choice but to send him to jail.

“The only appropriate sanction is a direct, unsuspended order of imprisonment. The alternative is to effectively sentence the legitimacy of the judiciary to inevitable decay,” Khampepe said.

While the minority judgement itself found that sending Jacob Zuma to prison would be unconstitutional, recommending that the case be referred to the National Prosecuting Authority (NPA).

“In my view, the Constitution does not allow private parties to obtain a punitive order of unsuspended committal in civil contempt proceedings, even when they are acting in the public interest,” Justice Leona Theron said.

Should Busisiwe Mkhwebane have spoken out?

Busisiwe Mkhwebane’s latest sentiments are unlikely to go down well with some of her detractors, particularly opposition parties, most notably the Democratic Alliance (DA). The DA has long been fierce critics of both Jacob Zuma and Mkhwebane, and even welcomed the Constitutional Court’s judgement.

As the country’s public protector, some may even argue that she shouldn’t have even addressed the Zuma matter, as it could lead to even more allegations of her being a “hired gun” by a faction in the ANC that is aligned to the former president.

Mkhwebane’s job is already hanging by a thread as she faces a Parliamentary inquiry that looks into her fitness to hold office – a culmination of the DA’s continuous efforts.