The public protector Busisiwe Mkhwebane has confirmed that she has appealed to the constitutional court for the recession and or reconsideration of the loss she suffered on her previous appeal in the CR17 funding matter as the case was dismissed.
Mkwebane has argued that the Con Court itself has violated the Constitution and the principles of legal procedure by failing to recognise the same ethics code as that of the 2007 case where Thuli Madonsela made findings against the former president Jacob Zuma in the inkandla investigation. She says that the Matt is an unprecedented and unconstitutional departure from the well established principle of stare precedence which has been consistently upheld by the Con Court.
The doctrine of precedence does not only bind lower courts but also binds courts of final Jurisdiction to their own decisions, all of this comes as the Con Court dismissed her application for leave to appeal the high courts decision to set aside her report into the CR17 campaign.
The constitutional court majority judgment on the matter said that there is no law authorising Mkhwebane to investigate the private affairs of political parties and their leaders. It also concluded that the President did not deliberately mislead parliament about donations against what the public protector had found in her report.
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