PP’s office will not appeal Oscar Mabuyane judgment, says ‘cannot fault the ruling’

The Public Protector South Africa (PPSA) says it is disappointed by the Eastern Cape High Court’s judgment to set aside the report of the Public Protector that found the province’s premier, Oscar Mabuyane, and others benefited from Winnie Madikizela-Mandela’s memorial service funds at the Mbizana municipality.

Report details

In 2021, advocate Busisiwe Mkhwebane released a report that found that former Public Works MEC, Babalo Madikizela and Mabuyane benefitted from a portion of the R1.1 million meant for struggle stalwart Madikizela-Mandela’s memorial service.

The money allegedly went into the account of Allan Morran Design Architectural Services, to pay for renovations at Mabuyane’s private residence.

Mkhwebane’s report said evidence was found that his wife advised the business owner of Allan Morran Design through an email that the money was to be used for renovations to their private house.

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Report ‘inconsistent’

However, the Eastern Cape High Court set aside Mkhwebane’s report and recommendations with costs.

Judge Jannie Eksteen found that Mkhwebane’s report was “inconsistent with South Africa’s Constitution”.

‘Disappointed’

“The PPSA naturally is disappointed with the outcome, which has resulted in  its  report  being  set  aside  but  cannot  on  legal  grounds,  fault  the  ruling  of  Eksteen  J,  which  is  a  detailed  explanation  of  the  issues  ventilated and the grounds relied upon by the Court, in finding in favour of the Applicants in this matter,” said the office in a statement on Wednesday.

 “The prospects of success in challenging the judgment on appeal, appear to be slim and in order to avoid expending already limited financial resources on further litigation in this matter, the PPSA wishes to confirm that it will not be appealing the judgment, and as a constitutional body, abides by and respects  the decision of the Court.”

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Meanwhile, Mkhwebane’s impeachment inquiry will resume later this week after the suspended Public Protector’s legal team did not show up on Monday as a result of non-payment.

On Monday, Mkhwebane raised the issue of her legal team’s outstanding fees to the Section 194 Committee.

She told the committee that she couldn’t instruct her legal team because they hadn’t been fully paid.

While the Public Protector’s office indicated that it was scrutinising the invoices sent by her attorneys for “discrepancies”, Mkhwebane questioned why the chapter 9 institution had not picked this up within a week to avoid delaying the inquiry.

“The issue is my legal team having to spend the December holidays without being paid. Unfortunately in South Africa, we have the curse of the middle class. Schools are opening and they have not been paid. People have bonds to pay, people have cars to pay,” she told the committee.

READ MORE: ‘People have bonds, cars to pay’: Mkhwebane’s lawyers fail to show up after not being paid

-Additional reporting by: Molefe Seeletsa