The Supreme Court of Appeal in Bloemfontein has dismissed Public Protector Busisiwe Mkhwebane's application for leave to appeal the scathing Estina dairy farm judgment.
"The application for leave to appeal is dismissed with costs on the grounds that there is no reasonable prospects of success in an appeal and there is no other compelling reason why an appeal should be heard," the court said.
In December, the Gauteng High Court in Pretoria dismissed the leave to appeal, and said Mkhwebane failed to make out a case on the merits of the Estina dairy farm judgment and with regard to costs.
In August 2019, the court handed down the scathing judgment, declaring that Mkhwebane had failed the people of South Africa in the way she dealt with the investigation.
It set aside Mkhwebane's report on the Vrede dairy project, declaring it "unlawful, unconstitutional and invalid".
The project saw millions of rands earmarked for developing a dairy project in the Free State making its way into the accounts of Guptas Associates.
A deep dive into the Gupta Leaks has provided detailed and damning evidence showing that the Guptas, their companies and their associates, which we call the “Gupta enterprise”, was involved at all stages of the Estina Dairy Farm project.