Supreme Court of Appeal Dismissed Public Protector Busisiwe Mkhwebane's Bid in Gordhan-Pillay Report

Supreme Court of Appeal Dismissed Public Protector Busisiwe Mkhwebane's Bid in Gordhan-Pillay Report

  • Busisiwe Mkhwebane, the Public Protector, has lost her appeal to have her findings on Pravin Gordhan upheld
  • The Supreme Court of Appeal found that Mkhwebane's bid had little to no chance of success and dismissed it
  • Mkhwebane's report found that the early pension granted to SARS official Ivan Pillay was awarded irregularly

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JOHANNESBURG - Public Protector Busisiwe Mkhwebane's appeal against Pravin Gordhan's decision to award SARS employee Ivan Pillay early pension has been dismissed by the Supreme Court of Appeal.

The SCA ruled that Mkhwebane's plea to have her report against Gordhan's decision had no chances of success.

Supreme Court of Appeal, Public Protector Busisiwe Mkhwebane, Pravin Gordhan, Ivan Pillay, Sars, early retirment
Supreme Court of Appeal has dismissed Public Protector Busisiwe Mkhwebane's application to have a report on Pravin Gordhan deemed valid. Image: Moeletsi Mabe
Source: Getty Images

Mkhwebane's report which was published in 2019, found that Pillay's early pension with full benefits was irregular and mandated President Cyril Ramaphosa to take action against Gordhan, according to News24. The report was released a day before Ramaphosa officially took office.

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Gordhan's legal representatives argued that Mkhwebane was trying to get him dismissed from his position.

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According to the Daily Maverick, first approached the North Gauteng High Court in 2020 to have the court uphold her report, however, her application was dismissed by the High Court which ruled that Mkhwebane's application was irrational and she did not have an understanding of the law.

President Ramaphosa wants NPA to probe Mkhwebane, accuses her of perjury

Briefly News previously reported that President Cyril Ramaphosa reportedly wants the National Prosecuting Authority (NPA) to probe Public Protector Busisiwe Mkhwebane's behaviour in putting together the report that inculpated him of intentionally deceiving Parliament.

This was with regard to a donation received from Bosasa. Ramaphosa's attorney filed an affidavit to the Constitutional Court responding to the PP's application to rescind (a reversal) its judgement that put her CR17 probe and a report aside stating that it was 'unlawful'.

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The President went on to accuse Mkhwebane of being 'manifestly dishonest' in her application for the recession and stated that she had committed perjury by filing 'two irreconcilable affidavits'.

According to TimesLIVE, President Ramaphosa filed court papers on Monday where he asked the highest court to order that its prior judgement be referred to the National Director of Public Prosecutions for an investigation.

The report continued by explaining that the PP is currently facing charges of perjury relating to a prior litigation. In her rescission application, Mkhwebane stated that her claim was based on the fact that the ConCourt had relied its July judgement on a 2000 Executive Ethics Code which had been amended.


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