Mkhwebane catches another loss in ConCourt, over Ivan Pillay’s Sars retirement payout

The Constitutional Court (ConCourt) has dismissed Public Protector Busisiwe Mkhwebane’s application for leave to appeal a previous judgment concerning the early retirement payout given to former deputy Sars commissioner Ivan Pillay.

The court dismissed Mkhwebane’s leave to appeal with costs.

“The Constitutional Court has considered the application for leave to appeal. It has concluded that the application should be dismissed as it bears no reasonable prospects of success,” the judgment read.

In December 2020, the Gauteng High Court set aside Mkhwebane’s report which found that Pillay’s early retirement payout was ‘irrational’.

The public protector’s report also alleged that then Finance Minister Pravin Gordhan irregularly approved the early retirement of Pillay with full retirement benefits.

Mkhwebane suspended

Mkhwebane’s latest loss comes after President Cyril Ramaphosa suspended her last week Thursday.

ALSO READ: Ramaphosa suspends Public Protector Busisiwe Mkhwebane with immediate effect

Mkhwebane will remain suspended until her impeachment process, which is being handled by Parliament’s Ad Hoc Committee on the Section 194 Inquiry, has been completed.

Ramaphosa previously wrote to Mkhwebane on 17 March asking her to explain why he should not suspend her and gave her 10 days to respond.

This, however, was delayed due to Mkhwebane’s litigation, which attempted to use the courts to block her suspension and Parliament’s looming impeachment process.

The Public Protector submitted her reasons to the president on 27 May.