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High Court quashes Mkhwebane's final report on Gordhan, as she suffers 39th legal defeat

Suspended Public Protector Busisiwe Mkhwebane

Suspended Public Protector Busisiwe Mkhwebane

11th November 2022

By: News24Wire

  

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The Gauteng High Court in Pretoria has invalidated suspended Public Protector Busisiwe Mkhwebane's final report on Minister Pravin Gordhan, quashing her investigation into a South African Revenue Service (Sars) IT contract.

The Office of the Public Protector did not attempt to defend Mkhwebane's report on Sars' appointment of IT company BB&D in 2007, which was already found to have been above board by, among other investigations, the Nugent Inquiry.

As a result, it was declared invalid and unlawful, reviewed and set aside.

Former Public Protector SA (PPSA) spokesperson Oupa Segalwe previously told News24 the office's decision not to defend the report against a previous legal challenge by former Sars official Ivan Pillay was "based on prospects of the PPSA successfully defending the review application".

"In the main, the PPSA considered the fact that the grounds for review were procedural aspects of investigation and the publication of the report, which were the subject of unfavourable judgments against the institution in other matters," he said.

"Financial implications were the other reason," he added.

This is the 39th report by Mkhwebane to be overturned, with 47 of her investigations currently facing legal challenges.

Mkhwebane's fitness to hold office is currently the subject of an investigation by a Section 194 committee in Parliament.

Edited by News24Wire

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