The Public Protector, Busisiwe Mkhwebane’s application for leave to appeal a High Court ruling about the pension package of former South African Revenue Service (SARS) Deputy Commissioner, Ivan Pillay‘s has been dismissed.
At the end of 2020, a full bench of judges in the High Court in Pretoria overturned Mkhwebane’s report that found Public Enterprises Minister Pravin Gordhan had irregularly approved the early retirement of Pillay with benefits in 2010.
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The judges found Mkhwebane’s findings that Gordhan acted unlawfully, was irrational as were her recommendations.
The public protector asked for leave to appeal the judgement but today heard her application for appeal was unsuccessful, with the judges saying there is no prospect that another court will come to a different conclusion.
Gordhan’s lawyer, Tebogo Malatji says, “The full bench of the High Court in Pretoria has dismissed the Public Protector’s application for leave to appeal. The court was of the opinion the appeal has no reasonable prospects of success and also that there are no other compelling reasons why the appeal should be heard. Minister Gordhan is pleased with the outcome. He joins most South Africans in the hope that this judgement will bring an end to this long running matter.”
Gordhan and Pillay also asked for leave to appeal certain aspects of the same judgement that, according to the judges, were not favorable towards them. Their applications were also unsuccessful.
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