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Pretoria High Court sets aside public protector's Vrede dairy project report

20 May 2019 2:20 PM
Tags:
Public Protector Busisiwe Mkhwebane
Advocate Busiswe Mkhwebane
Estina dairy farm
Mkhwebane found to have acted irrationally by neglecting a complaint laid in May 2016.

The Gauteng High Court in Pretoria has set aside Public Protector Busisiwe Mkhwebane's report into the Estina dairy farm project in Vrede on Monday.

The court found that Mkhwebane's report was invalid and unconstitutional.

The application was brought by the Democratic Alliance (DA) and the Council for the Advancement of the South African Constitution (Casac).

Read: 'Parliament should have proper inquiry into Mkhwebane's fitness to hold office'

The report itself has been deemed invalid and judgment on costs has been reserved.

To discuss the judgment, Ray White on the Xolani Gwala Show speaks to Casac executive secretary Lawson Naidoo.

When the public protector released her report last year, it was quite clear that the report was a whitewash as implicated politicians were never interviewed. The report hadn't adequately investigated the complaint that had been laid against her by a member of the provincial legislature in the Free State with her office.

Lawson Naidoo, Executive secretary - Cosac

He says it appeared to them that Mkhwebane had conducted a very narrow investigation that resulted in remedial action that was just a slap on the wrist for individuals that were implicated.

The public protector made significant amendments to a provisional report that was prepared by her predecessor. She gave no reason why she changed some of the remedial action that was in that report. That called into question her impartiality in investigating this matter, and that was the basis we took the case to the courts, and the court agreed with us.

Lawson Naidoo, Executive secretary - Cosac

Listen below to the full interview:


20 May 2019 2:20 PM
Tags:
Public Protector Busisiwe Mkhwebane
Advocate Busiswe Mkhwebane
Estina dairy farm

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