The Legal Resources Centre (LRC) has welcomed a ruling by the Supreme Court of Appeal (SCA), dismissing Public Protector Busisiwe Mkhwebane's application for leave to appeal the scathing Estina Dairy Farm judgment.
"The office of the Public Protector was created to strengthen constitutional democracy in the Republic and is empowered to investigate inter alia corruption – the Vrede Dairy Project highlights the great need for the office of the Public Protector to demonstrate the fulfilment of its mandate clearly and unequivocally to deter what amounted to the elite capture of a significant land redistribution effort and project."
In December, the Gauteng High Court in Pretoria dismissed the leave to appeal, and said Mkhwebane failed to make out a case on the merits of the Estina Dairy Farm judgment and with regard to costs.
It set aside Mkhwebane's report on the Vrede Dairy Project, declaring it "unlawful, unconstitutional and invalid".
Judge Ronel Tolmay ordered the Public Protector, in her official capacity, to pay 85% of the DA's costs on an attorney scale and 85% of the Council for the Advancement of the SA Constitution's (Casac) costs.
