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[1] In this application, the applicant, the Public Protector of South Africa, Advocate Busisiwe Mkhwebane, seeks the following relief on an urgent basis:
‘…2. Declaring that first and/or second respondents’ decision(s):
2.1 to dismiss the recusal application(s) of the applicant taken on 17 October 2022;
2.2 taken on 27 October 2022, to dismiss the adjournment application and/or to continue with its proceedings as presently constituted, to be unlawful, invalid and/or unconstitutional; and/or
2.3 taken, and/or confirmed on or before 17 October 2022, to refuse and/or omit to summon, subpoena and/or recall relevant witnesses to testify at the enquiry.
3. Setting aside the said decision/s referred to in prayer 2 above.
4. Substituting the said decision/s with the following:
4.1 that the first respondent is hereby recused and/or removed from his office as Chairperson of the section 194(1) Committee; and/or
4.2 that Mr Kevin Mileham is hereby recused and/or removed from his membership of the section 194(1) Committee; and/or
4.3 relevant witnesses be subpoenaed and/or recalled to testify; and/or
4.4 that the Committee proceedings will only take place after its composition has been duly corrected and/or confirmed by this Honourable Court.
5. Granting any further, appropriate, just and equitable remedies in terms of section 8 of PAJA, section 38 or section 172(1)(b) of the Constitution.
6. Costs against any opposing respondents on the punitive scale.’
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