👨⚖️Another legal blow for suspended Public Protector Busisiwe Mkhwebane, after court tosses out her appeal over controversial Sars 'rogue unit' report. Catch up on the latest update here: BusisiweMkhwebane
by the high court last year, after Gordhan sought to have the report reviewed and set aside following its release in 2019.In her report, Mkhwebane found the establishment of the intelligence unit was unlawful and that Gordhan, who was Sars commissioner at the time, had violated the Constitution.
She also found the unit conducted irregular and unlawful intelligence operations and that Sars failed to follow procurement rules when it bought spy equipment. Gordhan has maintained there was nothing “rogue” about the unit which investigated tax evasion and questioned Mkhwebane’s motives for conducting the investigation.Meanwhile, Mkhwebane will return to the ConCourt later this month, in a matter related to the Public Protector’s suspension.
The Western Cape High Court last week, slapped Mkhwebane with a costs order after the Public Protector wanted to appeal a previous ruling, which prevented her from returning to office.Mkhwebane had approached the high court for leave to appeal to the SCA, despite a confirmation hearing on the matter being set down for 24 November, in the ConCourt.
This litigation stemmed from the 9 September ruling, which declared President Cyril Ramaphosa’s decision to suspend the Public Protector as invalid and unlawful.The Public Protector is also challenging Section 194 committee chair Qubudile Dyantyi and MP Kevin Mileham’s decision not to recuse themselves from the impeachment inquiry. and the matter has been set down on the urgent roll of the Western Cape High Court for 13 and 14 December.
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