Pretoria court declares Mkhwebane’s report on Pillay unlawful

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The High Court in Pretoria has declared the report by suspended Public Protector Busisiwe Mkhwebane on former SARS official Ivan Pillay unlawful and has set it aside.

In April, Mkhwebane found that SARS Commissioners were involved in “improper conduct and maladministration” around an IT contract.

The High Court also found that Mkhwebane acted in breach of several of Pillay’s constitutional rights.

In a statement, Pillay’s lawyers noted that this is the third Public Protector Report to be set aside on judicial review, in which Pillay is an applicant. Both of the other two Public Protector reports that made findings against Pillay – including the so-called SARS “Rogue Unit” report and the report on his early retirement – have been overturned by the courts.