Mkhwebane's bid to withdraw Constitutional Court appeal fails - report

Public Protector Busisiwe Mkhwebane (PHOTO: Tebogo Letsie)
Public Protector Busisiwe Mkhwebane (PHOTO: Tebogo Letsie)

Public Protector Busisiwe Mkhwebane's attempt to withdraw her appeal in the Constitutional Court against a High Court judgment regarding remedial action against Public Enterprises Minister Pravin Gordhan has reportedly failed.

According to Business Day, the court will now hear her urgent appeal against a judgment by Judge Sulet Potterill, which granted an application by Gordhan to suspend the implementation of remedial action against him regarding the so-called "rogue unit", an alleged SA Revenue Service (SARS) investigation unit.

The Economic Freedom Fighters (EFF) also applied for leave to appeal the ruling. It has not withdrawn.

President Cyril Ramaphosa had called on the court to hear the appeal, despite Mkhwebane's notice to withdraw, arguing that the issue raised important constitutional questions that were in the country's interest, Fin24 reported.

It should not be up to an individual to decide on the matter, he argued.

READ: Public Protector Busisiwe Mkhwebane withdraws ConCourt appeal

"The attitude of the Public Protector should not affect the outcome of this application for leave to appeal," Ramaphosa said.

Business Day also reported that the office of Chief Justice Mogoeng Mogoeng declined to give reasons why he wanted the appeal to go ahead.

In her judgment, Potterill slammed the remedial action of the Public Protector as "vague, contradictory and/or nonsensical".

In her report, Mkhwebane ordered the national commissioner of police to investigate "the criminal conduct of Gordhan and others" for violation of Section 209 of the Constitution and Section 3 of the National Strategic Intelligence Act. But the judge found that "both sections do not create criminal offences".

On Wednesday, Business Day reported that Accountability Now filed an urgent bid in the Gauteng High Court in Pretoria, for the Public Protector to be declared unfit to hold office.

 - Compiled by Sesona Ngqakamba


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