ConCourt dismisses Mkhwebane’s latest appeal application over Sars ‘rogue unit’ report

Suspended Public Protector Busisiwe Mkhwebane has suffered another legal blow in the courts.

The Constitutional Court (ConCourt) on Thursday, dismissed Mkhwebane’s latest bid to defend the findings of the controversial ‘Rogue Unit’ report into the South African Revenue Service (Sars).

ALSO READ: Ivan Pillay 3 – Busisiwe Mkhwebane 0, as Public Protector loses in court again

The ConCourt refused her leave to appeal application, ruling that it had “no reasonable prospects of success”.

Mkhwebane and the Public Protector’s office have been ordered to pay the costs of Public Enterprises Minster, Pravin Gordhan and former Sars commissioner, Ivan Pillay.

Read the full order here:

SCA ruling

Earlier this year, the Supreme Court of Appeal (SCA) also dismissed Mkhwebane’s “application for reconsideration of her petition for leave to appeal” the 2020 Pretoria High Court ruling, which set aside her Sars rogue unit report.

The SCA noted that the appeal had already been dismissed with costs by the high court last year, after Gordhan sought to have the report reviewed and set aside following its release in 2019.

READ MORE: Another day, another legal defeat for Mkhwebane

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.

Suspension litigation

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.

RELATED: ‘Act of cruelty for Mkhwebane to remain suspended’ – Dali Mpofu tells court

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.

Recusal review application

The Public Protector is also challenging Section 194 committee chair Qubudile Dyantyi and (DA) MP Kevin Mileham’s decision not to recuse themselves from the impeachment inquiry.

Mkhwebane’s lawyer, advocate Dali Mpofu told the committee on Wednesday that they have filed a review application and the matter has been set down on the urgent roll of the Western Cape High Court for 13 and 14 December.

NOW READ: Mkhwebane impeachment: Public Protector to challenge recusal decision – Dali Mpofu