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‘Vague & Contradictory’ – Court Slams Mkhwebane’s Remedial Actions

busisiswe - ‘Vague & Contradictory’ – Court Slams Mkhwebane’s Remedial Actions

PRETORIA – The High Court in Pretoria has described Public Protector Busisiwe Mkhwebane remedial action in the South African Revenue Service ‘rogue unit’ report as vague, contradictory and nonsensical.

This was among the findings in Judge Sulet Potterill’s judgement handed down in Pretoria on Monday in which she suspended the enforcement of the remedial action in the report related to the unit.

Potterill read from the remedial action which instructed President Cyril Ramaphosa to carry out a certain order listed in a specific paragraph, yet the paragraph provided contained no order at all.

“Much of the orders are vague, contradictory and or nonsensical. Furthermore, the order to, within 30 days, submit a plan for approval detailing this disciplinary action yet at the same time this disciplinary action be taken within 30 days is inexplicable.”

Mkhwebane’s understanding of the law also emerged: “In paragraph 8.5, the PP ordered the commissioner of police to investigate the criminal conduct of Gordhan and others for the violation of Section 2 and 9 of the Constitution and Section 3 of the NSI Act. Both of these sections do not create criminal offences.”

Mkhwebane’s office said they were studying the judgment, while the Economic Freedom Fighters said it planned to appeal the matter to the Constitutional Court.


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