GAUTENG Judge President Dunstan Mlambo and recently appointed Constitutional Court Justice Nahandran Kollapen are facing an investigation by the public protector on their role on the leak of the Constitutional Court ruling.
The public protector’s office spokesman, Oupa Segalwe, has confirmed that subpoenas for interrogation of the two judges has been temporarily withdrawn to allow for legal opinions on the matter.
It recently emerged that the epic court decision on the application by Public Protector Advocate Busisiwe Mkhwebane to rescind its decision was leaked to parliament lawyers a day before the hearing on the matter.
The text message was sent by self-proclaimed legal consultant Ishmael Abramjee in which he disclosed that the application by Mkhwebane was going to be dismissed. It read: “Hello Adv Breitenbach, Re: 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 share this with you on a strictly confidential basis.”
Segalwe confirmed to Daily Sun on Sunday, 29 May that the two justices were sent invitations for an interview on the matter to shed more light, but couldn’t divulge the extend of their involvement.
He further denied that the subpoenas were withdrawn after threats by the General Council Bar to take the legal action against the public protector, saying the bar had no business meddling in the affairs of the Chapter 9 institution.
“The NCB has no business meddling in the matter. The temporary withdrawal has to do with different interpretations,” he said.
He said the two justices were privately sent the subpoenas and it has now been leaked to the media, thrusting the matter into the public. Further the office is likely to receive the legal opinion today (Monday) after which the office will make a decision as to whether it should continue to subpoena the justices.
“The investigation focuses on allegations of maladministration, corruption and/or other wrongdoing associated with the leak is ongoing. To the extent that members of the judiciary form part of the investigation, the office is seeking urgent legal advice which will be obtained by Monday. So the legal advice will clarify that question,” he said.
Segalwe also clarified the confusion caused by deputy advocate Kholeka Gcaleka, who publicly denied that she was investigating the leakage of the apex court decision. He added that chief investigator Vusumuzi Dlamini was leading the investigation, as empowered in terms of the PP Act in that regard.
“The subpoenas were withdrawn but only temporarily pending legal advice which is expected to reach the office on Monday. The office is not at liberty at this stage to say who is implicated as the investigation is ongoing. All that is happening at this stage is evidence-gathering as part of this ongoing investigation,” he said.
