The Economic Freedom Fighters (EFF) says it accepts and respects Friday’s judgment by the Constitutional Court that dismissed its application and that of Public Protector Busisiwe Mkhwebane to appeal a High Court ruling over the South African Revenue Service’s (SARS) so-called “rogue unit” case.
The EFF and Mkhwebane approached the court last year, to appeal an order by the Pretoria High Court which suspended the Public Protector’s remedial action against Public Enterprises Minister Pravin Gordhan pending the judicial review of Mkhwebane’s report.
The Concourt, however, made a different finding when it came to the costs order. Meaning Mkhwebane doesn’t have to personally pay the legal cost as the High Court did not make a specific finding that she acted in bad faith required for a personal cost order.
This means the Public Protector’s Office will pay the costs.
The cost order against the EFF was also overruled.
The EFF’s Secretary General, Marshall Dlamini, says they now await the review of the report.
“We accept the ruling, also we appreciate that the Constitutional Court has the costs that were awarded against us – those costs were unfounded, so we don’t have to pay anything to anyone. So we wait for the review which will be on the 6th of August, but we accept the court, we respect the decision and ruling of the Constitutional court.”
Judgment: The test for interdicting the remedial action in a report of the Public Protector was the test set out in OUTA. This test was correctly applied by the High Court and therefore leave to appeal on the merits is dismissed. (1/2)
— Constitutional Court (@ConCourtSA) May 29, 2020
Below is a file video of the legal showdown between Gordhan and Mkhwebane in the High Court in Pretoria:
