- The Public Protector has suffered yet another public loss, this time by the Gauteng High Court sitting in Pretoria
- The court has expressed some less than ideal opinions on Busisiwe Mkhwebane's conduct
- It determined that the Public Protector had relied on 'discredited' reports to reach her finding that Pravin Gordhan had broken intelligence laws
The Gauteng High Court in Pretoria has moved to set aside Busisiwe Mkhwebane's report into the SARS rogue unit.
The court passed judgement on Monday, issuing punitive costs order against the Public Protector and slammed her conduct as 'egregious'.
Mkhwebane had found that Pravin Gordhan, in his capacity as SARS commissioner, had misled Parliament by failing to disclose a meeting that he had with the infamous Gupta family.
In addition to this, Mkhwebane had found Gordhan had violated intelligence laws by leading the creation of an 'intelligence unit' at SARS over a decade ago.
News24 reports that the judgement saw Mkhwebane being accused of failing to conduct her investigations in a manner befitting her office, the court pointed out that the Public Protector had relied on 'discredited' reports to formulate her findings, displaying a 'manifest bias' towards Gordhan.
In a scathing judgement, the court concluded by saying that:
"The report fails at every point. We are satisfied that the report is the product of a wholly irrational process, bereft of any sound legal or factual basis. It cannot stand and must be set aside."
In a statement released following the Minister's testimony at the State Capture Inquiry, the EFF commented that:
"The EFF calls for the immediate removal of the unethical and big-headed Minister of Public Enterprises Pravin Gordhan, for forming part of the establishment and existence of the SARS Rogue Unit."
The EFF insists that Gordhan had used the unit to 'turn the South African Revenue Services into a weapon against the political opponents of Jamnandas and his allies.'
The EFF has demanded that Gordhan is stripped of his title as Minister, claiming that his presence in Cabinet reveals a rot:
"Gordhan's continued presence in the Executive of the country represents a rot in the highest offices of the land that must be removed. He remains a bacteria to the democratic fabric of this country and is currently leading the greatest capture of our state institutions to facilitate their sale to his friends and cronies."
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