Riyaz Patel
Public Protector Busisiwe Mkhwebane has withdrawn her application to the Constitutional Court to appeal the judgment against her by Judge Sulet Potterill of the High Court.
Potterill had granted the application by Public Enterprises Minister Pravin Gordhan seeking to suspend the implementation of remedial action against him ordered by Mkhwebane in relation to the so-called ‘rogue unit’ during Gordhan’s tenure as SARS Commissioner.
Mkhwebane and the Office of the Public Protector filed their joint notice Wednesday morning.
If Mkhwebane and her office still want to proceed with appealing the matter, they will have to ask leave from Potterill.
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.
Judge Potterill tore into the remedial action ordered by the Public Protector, describing it as “vague, contradictory and/or nonsensical.”
She also rejected the arguments by Mkhwebane and the EFF – who had filed a supporting motion – that the interdict should not be granted because it would impair the functioning of the office and came down to the interference by one arm of state in the affairs of another.
Mkhwebane and the EFF’s opposition to the application was “baseless” and that they were “not serious” in attacking Gordhan’s arguments, Potterhill said.
Mkhwebane and the EFF were also slapped with cost orders.
