Mkhwebane has ‘broader strategy’ in Gordhan interdict matter

Public Protector Busisiwe Mkhwebane has withdrawn her office's application to the ConCourt to challenge the suspension of the remedial action in the matter related to the Sars unit.

Public Protector Busisiwe Mkhwebane. Picture: Abigail Javier/EWN

PRETORIA – The Office of the Public Protector said the decision to withdraw an application for leave to appeal a remedial action interdict was part of a broader litigation strategy.

On Thursday, Advocate Busisiwe Mkhwebane withdrew her office's application to the Constitutional Court to challenge the suspension of the remedial action in the matter related to the South African Revenue Service (Sars) investigation unit.

In July, the High Court in Pretoria granted Minister Pravin Gordhan the application as he took the full report on judicial review.

The Public Protector's spokesperson Oupa Segalwe said he was not in a position to discuss the particular reason for Mkhwebane’s decision to withdraw the application for leave to appeal.

He would only say it was part of the office’s broader litigation strategy concerning the case.

Mkhwebane recently lost a string of cases in the courts in matters some legal commentators believed she had no chance of winning.

Besides the Sars investigation unit interdict, the High Court also ruled in favour of President Cyril Ramaphosa, who is also taking one of her reports on review.

The Economic Freedom Fighters has, however, approached the apex court to seek clarity on the legality of the courts suspending the enforcement of the Public Protector’s remedial action.