Protector report on Gupta-linked Vrede farm ‘unconstitutional’
Court says it was ‘irrational’ of the public protector not to take into consideration evidence in the public domain implicating high-ranking public officials and the Guptas
20 May 2019 - 11:15
byclaudi mailovich
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Cow graze in a field on the Vrede dairy farm project in the Free State. Picture: ALON SKUY
The high court in Pretoria has set aside public protector Busisiwe Mkhwebane's report on the Guptas' Vrede diary farm project, declaring it unlawful, unconstitutional and invalid.
The court delivered its judgment on Monday after hearing the two cases by the Council for the Advancement of the SA Constitution and the DA, against the report together in 2018.
The court found that Mkhwebane failed in her duties under both the Public Protector Act as well as under the constitution in investigating and reporting on the dairy farm project.
The leaked e-mails that showed the Gupta family had significant control over the farm contract between Estina, a company linked to the family, and the Free State agriculture department, did not form part of the public protector’s investigation of the project.
PODCAST | Business Day Spotlight - Unpacking South Africa's decline
The #GuptaLeaks revealed that at least R30m paid to the Guptas via the farm ended up funding the family’s lavish Sun City wedding in 2013.
Mkhwebane found in her report that payments to Estina were not done according to the Treasury's regulations and that the agreement between the Free State agriculture department and Estina was invalid.
The report, however, gave no indication of the role played by then Free State premier and current ANC secretary-general Ace Magashule and then MEC for agriculture and erstwhile mineral resources minister Mosebenzi Zwane.
The court held on Monday that it was “irrational” of the public protector to, among others, not take into consideration the information in the public domain of evidence implicating high-ranking public officials and the Gupta family.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
Protector report on Gupta-linked Vrede farm ‘unconstitutional’
Court says it was ‘irrational’ of the public protector not to take into consideration evidence in the public domain implicating high-ranking public officials and the Guptas
The high court in Pretoria has set aside public protector Busisiwe Mkhwebane's report on the Guptas' Vrede diary farm project, declaring it unlawful, unconstitutional and invalid.
The court delivered its judgment on Monday after hearing the two cases by the Council for the Advancement of the SA Constitution and the DA, against the report together in 2018.
The court found that Mkhwebane failed in her duties under both the Public Protector Act as well as under the constitution in investigating and reporting on the dairy farm project.
The leaked e-mails that showed the Gupta family had significant control over the farm contract between Estina, a company linked to the family, and the Free State agriculture department, did not form part of the public protector’s investigation of the project.
PODCAST | Business Day Spotlight - Unpacking South Africa's decline
Subscribe: iono.fm | Spotify | Apple Podcasts | Pocket Casts | Player.fm
The #GuptaLeaks revealed that at least R30m paid to the Guptas via the farm ended up funding the family’s lavish Sun City wedding in 2013.
Mkhwebane found in her report that payments to Estina were not done according to the Treasury's regulations and that the agreement between the Free State agriculture department and Estina was invalid.
The report, however, gave no indication of the role played by then Free State premier and current ANC secretary-general Ace Magashule and then MEC for agriculture and erstwhile mineral resources minister Mosebenzi Zwane.
The court held on Monday that it was “irrational” of the public protector to, among others, not take into consideration the information in the public domain of evidence implicating high-ranking public officials and the Gupta family.
mailovichc@businesslive.co.za
DA’s bid to remove public protector suffers setback
Alarming audio clip has farmers spooked in wake of murder of Estina whistle-blower
Busisiwe Mkhwebane: DA is using the Vrede report ‘as a ploy to oust me’
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Most Read
Related Articles
Mkhwebane has to explain herself, again
Guptas confident the state has no prospect of criminally convicting them
Casac guns for Mkhwebane as new information reveals ‘altered Vrede report’
Parliament adopts terms of reference for inquiry into Mosebenzi Zwane’s actions
Published by Arena Holdings and distributed with the Financial Mail on the last Thursday of every month except December and January.