THE High Court in Pretoria has set aside Public Protector, Busisiwe Mkhwebane’s report into the so-called South African Revenue Services (SARS) “rogue unit.”
Mkhwebane’s report said Pravin Gordhan breached section 209 of the Constitution by establishing the unit when he was SARS commissioner.
In a judgment on Monday, the full bench of the high court said the conclusion by Mkhwebane “is without foundation particularly as this conclusion is based on discredited reports and unsubstantiated facts”.
The judges said that the report was further wrong in law and was “a wholly irrational process, bereft of any sound legal or factual basis”.
The judgment also noted that Mkhwebane’s report “fails at every point”.
“Had the Public Protector undertaken a fair and credible investigation and considered the extensive body of evidence in an open-minded manner, the report may have been an opportunity to confirm the facts and the truth thereof.
“Instead, she allowed
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