Public protector Busisiwe Mkhwebane says the high court ruling that lambasted her for failing to properly investigate the Gupta-linked Estina dairy project scam — which implicated former Free State premier Ace Magashule and agriculture MEC Mosebenzi Zwane — has unconstitutionally sought to control what she does and does not investigate.

“I am of the respectful view that if this matter could be determined without any regard to my person or the status and identity of the subject of the investigation, a different conclusion may indeed be reached,” Mkhwebane stated in an appeal application filed at the Constitutional Court on Friday.

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