The Constitutional Court has unanimously dismissed a last-ditch attempt by suspended public protector Busisiwe Mkhwebane to appeal a high court order that set aside her report into an alleged “rogue unit” at the South African Revenue Service (Sars).
The apex court’s order on Thursday is the final word on the report, which the Pretoria high court described as “fail[ing] at every point”.
Mkhwebane’s report made a number of findings, including that an investigating unit of Sars established in 2007 — widely known as the “rogue unit” — was unlawfully formed and conducted illegal intelligence-gathering operations. The remedial action was first interdicted by the Pretoria high court in July 2019 by judge Sulet Potterill, then set aside in December 2020.
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