Thursday, 29 August 2019 15:16


The Public Protector Busisiwe Mkhwebane has withdrawn her appeal against a ruling in the high court in Pretoria which interdicted the implementation of remedial action in her report on the South African Revenue Service "Rogue Unit" investigation.

A notice of withdrawal states: "...the first and second applicants (Public Protector and Busisiwe Mkhwebane, respectively) hereby withdraw their application for leave to appeal directly this Honourable Court against the whole of the order and judgement granted by Judge Sulet, Potterill J, of the Gauteng division of the High Court on 29 July 2019..."

The public protector and the EFF had both gone directly to the Constitutional Court seeking to appeal the interim interdict that suspended the remedial action in Mkhwebane’s report on the so-called rogue unit at the South African Revenue Service (Sars).

Mkhwebane then argued it was appropriate to go straight to the highest court in the land because the ConCourt would give “invaluable guidance” on what circumstances would justify suspending a constitutional remedy directed at curing government maladministration.

“To suspend a remedial action to assuage the wounded feelings of a functionary must not be elevated above the public interests involved in the remedial action,” Mkhwebane said.

In July, the High Court in Pretoria ordered the suspension of the remedial action which required President Cyril Ramaphosa to take disciplinary steps against Public Enterprises Minister Pravin Gordhan.

The minister is taking the report on judicial review.

Advocate Mkhwebane found Gordhan violated the law when he was the SARS commissioner when he established the unit at the revenue service.