Suspended Public Protector (PP) Busisiwe Mkhwebane lost another court battle today, adding to her tally of legal defeats. The Gauteng High Court in Pretoria has invalidated her final report on Minister Pravin Gordhan, relating to her investigation into a SARS IT contract.

Mkhwebane investigated the R100-million tender awarded to Barone Budge & Dominick (Pty) Ltd (BBD) in 2006 by then SARS Commissioner Pravin Gordhan. 

In her report released in April this year, she found that the allegation that SARS continued to irregularly extend the same contract with BBD was substantiated and that there was maladministration and improper conduct. 

She also ordered that there be no extension of the contract upon request by the accounting officer approved by the National Treasury beyond 31 December 2022. 

In the same report, the Auditor General asked to take note of the findings relating to the maladministration and “improper conduct identified in this investigation made against SARS; and within its own discretion, to consider the findings and intended remedial action

in this investigation and consider taking any action deemed appropriate under the circumstances in terms of any applicable legislation”.  

Flying solo

Mkhwebane was on her own in the case as the Office of the Public Protector South Africa (PPSA) did not attempt to defend her report. 

The court ordered that all findings and remedial actions were unlawful, invalid and set aside. The PP was ordered to pay the costs of the applicant, including the costs of two counsels. 

  Court Order PP SARS by janet on Scribd

The ruling comes a day after the Constitutional Court banged the last nail in the coffin of the infamous and discredited report into the SARS “rogue unit”, dismissing suspended Mkhwebane’s application for leave to appeal. 

The highest court in South Africa refused Mkhwebane’s leave to appeal application, concluding that “it bears no reasonable prospects of success”.

News24 reported that the latest ruling on Friday was Mkhwebane’s 39th defeat in total.

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In August this year, Daily Maverick reported that the same report was set aside for judicial review. 

The court found that Mkhwebane had failed to give notice to former SARS deputy commissioner Ivan Pillay of the investigation, that he had not been granted the right to be heard on the remedial action, and that none of the rights to which Pillay had been entitled to in terms of section 7(9) of the Public Protector Act (23 of 1994) was afforded to him. As such, his constitutional rights had been breached.

Mkhwebane is currently facing the Section 194 committee in Parliament, which is looking at her fitness to hold office.  Her term officially ends in October 2023.

It also emerged this week that the PPSA will no longer pay rent to the Department of Public Works and Infrastructure for her accommodation in the exclusive Bryntirion ministerial estate in Pretoria. So far, taxpayers have forked out about R4-million for Mkhwebane’s private accommodation. DM