It took just two sentences for the Supreme Court of Appeal to dismiss Public Protector Busisiwe Mkhwebane’s application to appeal against the overturning of her report on the decision to grant early retirement to SARS official Ivan Pillay. This is the ...
How many times do you have to be told by the courts that you’ve got it wrong? If you are Public Protector Busisiwe Mkhwebane, that quantum is still unknown.
Mkhwebane’s report found that former finance minister Pravin Gordhan had unlawfully approved Pillay’s early retirement at the revenue collector and then retained Pillay’s services. She concluded that Gordhan’s conduct was improper and asked President Cyril Ramaphosa to take action against him. That was a shockingly clear indication that some of Mkhwebane’s reports were not being compiled in strict adherence to the Public Protector Act and the merits of the case at hand. This is one of two accusations that have dogged Mkhwebane’s tenure from the outset. The second – and the two are possibly indivisible – is that the advocate has a worryingly poor grasp of the law for someone in her position.
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