Public Protector Busisiwe Mkhwebane has not ruled out petitioning the Supreme Court of Appeal after the High Court in Pretoria dismissed her leave to appeal its ruling on the pension package of former South African Revenue Service (SARS) Deputy Commissioner, Ivan Pillay.

Last year, the High Court overturned Mkhwebane’s report that found that Public Enterprises Minister Pravin Gordhan had irregularly approved Pillay’s early retirement with benefits in 2010.

Reaction to Mkhwebane’s bid to appeal judgment on Ivan Pillay: Karyn Maughan

The High Court found Mkhwebane’s finding that Gordhan acted unlawfully was irrational and was a mere recommendation.

Mkhwebane asked for leave to appeal the judgment but on Wednesday, the High Court said there was no prospect that another court would come to a different conclusion.

“The Public Protector does not exist to go to court and win cases. There are other institutions within the state that exist to go to court, that’s their only job,  they must go to court and win cases. Some of them for instance when you look at their success or not you will look at their conviction rate. With the Public Protector, it’s different, our role is to investigate, make findings, take appropriate remedial action and report on that and we do that all the time,” says the  Public Protector’s spokesperson Oupa Segalwe.