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Public Protector to refer judge to Judicial Services Commission

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The office of the Public Protector, Busisiwe Mkhwebane, is considering referring High Court judge, Sulet Potterill, to the Judicial Services Commission (JSC).

The Public Protector’s office has raised concern over the language that Judge Potteril used when delivering judgement in the matter between it and Public Enterprises Minister, Pravin Gordhan.

Gordhan had brought an urgent application to interdict the Public Protector’s remedial action in the so-called South African Revenue Services (SARS) rogue unit.

The court granted Gordhan’s urgent application to suspend Mkhwebane’s remedial action against him pending a judicial review.

Potteril ruled against Mkhwebane labelling the remedial action “vague”, contradictory and “nonsensical”.

In a statement, Mkhwebane’s office has described Potteril’s language as unbecoming of a judicial officer and which does not accord with the decorum of the court.

The Public Protector’s office says it is in this regard it is considering the legal recourse and remedies available, including forwarding the matter for the consideration of the Judicial Services Commission.

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