Phumelela Legal Challenge Gains Collateral

Public Protector comes under fire

Racing operator Phumelela may well be holding out increased hopes of success for their impending application to the High Court to have the Public Protector’s recent report regarding the corporatisation of the thoroughbred horseracing industry reviewed and set aside.

This after calls by, amongst others, the Congress of South African Trade Unions (Cosatu) that President Cyril Ramaphosa should set aside all Public Protector Busisiwe Mkwebane reports until her competency and trustworthiness has been ascertained.

Fin24 reports that Cosatu said it has noted the Public Protector’s reports regarding a number of investigations that her office has been conducting.

Busisiwe Mkwebane (Photo by Gallo Images / Daily Sun / Lindile Mbontsi)

“The Federation, while not taking an easy path of proclaiming anyone found guilty by the Public Protector to be a shining innocent, feels that she is ill-qualified to make any judgements against anyone,” the union said. In its view, the Pretoria High court ruling on the Estina matter that said that she failed in her duties under both the Public Protector Act and under the Constitution in investigating and reporting on the dairy farm project, was “a harsh indictment” on her.

“This has called into question her competency and credibility… (and) her very disappointing standards in doing her job,” Cosatu continued.

The organisation appealed to President Cyril Ramaphosa to be fair-minded and not to act on any of her reports until the High Court ruling has been scrutinised and dealt with.

In the meantime, the union does not believe the office of the Public Protector is in any position to decide whether someone is guilty or not.

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