The nation’s public protector Busisiwe Mkhwebane who has been trending in the media has withdrawn her to appeal to the Constitutional Court challenging a High Court’s decision to stay the implementation of her remedial action on the existence of a “rogue unit” in the South African Revenue Services (Sars) while Public Enterprises Minister Pravin Gordhan was at the helm.

The notice that was seen states that “…the first and second applicants (Public Protector and Busisiwe Mkhwebane, respectively) hereby withdraw their application for leave to appeal directly this Honourable Court against the whole of the order and judgement granted by Her Ladyship, Potterill J, of the Gauteng division of the High Court on 29 July 2019…”

The public protector had made scathing findings last month, against Gordhan in her report saying the Minister had misled parliament about meeting one of the Guptas. She also found that the enterprise minister played an instrumental role in the formation of a “rogue unit” which was allegedly used to monitor to day to day lives of several people in the country.

Mkhwebane in her remedial action, asked the National Director of Public Prosecutions Adv Shamila Batohil and the police to institute prosecutorial and criminal investigations against all those who were allegedly involved in the formation of the so-called rogue unit.

The Enterprise minister, Gordhan took her findings on review; he initially asked the High Court in Pretoria to interdict the implementation of her remedial action pending his review application in which Judge Sulet Poterill to.

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