Daily News

Mkhwebane suffers another crushing defeat

-

WITH the focus on the coronaviru­s pandemic, we should not lose sight of other developmen­ts taking place.

One of these was Public Protector Busisiwe Mkhwebane’s latest crushing defeat in court.

Mkhwebane went to court, insisting that Sars give her access to former president Jacob Zuma’s tax records.

It is not just that the court struck down Mkhwebane’s inflated sense of her powers as public protector, but the manner in which it did so that gives us cause to again point out her complete unsuitabil­ity to fill the gap left by Thuli Madonsela.

Judge Peter Mabuse was unequivoca­l in declaring “the public protector’s subpoena powers do not extend to taxpayer informatio­n”, which is almost universall­y held to be confidenti­al.

He went further in emulating an earlier High Court ruling in the South African Reserve Bank/absa matter, hitting her with a punitive costs order, in this instance of about R1 million.

The magnanimou­s Sars paid for senior legal minds to advise Mkhwebane on the matter; their conclusion was that it would be illegal for Sars to hand over the informatio­n she sought. The experts advised that she instead approach the High Court to find out if her powers supersede the Sars Tax Administra­tion Act.

Typically, she ignored their advice and tried to subpoena Sars to produce the informatio­n.

Judge Mabuse said Mkhwebane’s persistenc­e in issuing the subpoena despite Sars’s explanatio­n and her ignoring legal advice from senior and junior counsel, “tells us something about the public protector”.

Questionin­g her knowledge of the law, he said the public protector was required to be an advocate because “she would understand the law and she would apply it in her daily conduct. She would not adopt a devil-may-care attitude in the face of the law, advice and genuine legal opinion”.

Mkhwebane’s proclivity to “operate out of the bounds of the law”, her “deep-rooted recalcitra­nce to accept advice from senior and junior counsel”, and acting unreasonab­ly arbitraril­y and in bad faith demonstrat­ed that she either misunderst­ood the law or simply ignored it.

This makes it more imperative that Parliament expedites the process to remove her from office as soon as the Covid-19 lockdown is over and the National Assembly resumes sittings.

Newspapers in English

Newspapers from South Africa