Francois Botes says Busisiwe Mkhwebane should be given leave to appeal against the damning judgment by Judge Ronel Tolmay
Public protector Busisiwe Mkhwebane contends that the personal costs order granted against her over her invalid investigation into the alleged Estina Dairy Project scam is “not just and equitable”, and she should be given the right to appeal.
Tolmay not only found Mkhwebane’s Estina investigation to be unconstitutional and invalid, but also ruled that she should personally pay 7.5% of the legal costs spent on challenging that report. Botes contends that this personal costs order was unjustified. On Wednesday morning, Botes further argued that the scathing judgment delivered against her by Tolmay effectively robbed her of the ability to decide whether to pursue investigations.
Tolmay found that Mkhwebane did not have the wide discretion she claimed to have in deciding whether to pursue investigations. She further dismissed Mkhwebane’s argument that she was limited in her ability to probe the Estina project by resource constraints.
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