Phumelela Gaming and Leisure has launched an urgent application in the Pretoria High Court to interdict Busisiwe Mkhwebane from forcing the company to implement sweeping remedial action contained in a report released by the Public Protector in May 2019.
Public Protector, Adv Busisiwe Mkhwebane (Photo: Flickr)
Included in the heads of argument, Phumelela say that the Public Protector lacked the jurisdiction to undertake her investigation as Section 6(9) of the Public Protector Act prohibited the Public Protector from entertaining a complaint or matter referred to her unless it is reported to her within two years from the occurrence of the incident or matter concerned.
“The issue which the Public Protector found to be substantiated was lodged on 16 April 2012. The Public Protector has not provided sufficient reasoning or a single fact in support of any special circumstances which necessitated her exercising her discretion to deviate from the jurisdictional requirement contained in Section 6(9).”
Phumelela also stated that it had “a reasonable apprehension that the Public Protector has not brought an impartial mind to bear on the adjudication of this case and has forfeited her independence.”
