Public protector Busisiwe Mkhwebane has lost her bid to appeal the damning judgment that invalidated her report on the alleged Estina dairy project scam.

Judge Ronel Tolmay handed down her ruling on Mkhwebane’s leave to appeal application on Friday morning, finding that the public protector had not shown that another court would come to a different conclusion on the case than she had.

Mkhwebane confirmed in a tweet that she will petition the Supreme Court of Appeal to hear her challenge to the Estina judgment, which is arguably the most scathing ever given against her. The judgment ordered her to personally pay part of the legal costs of the legal challenge that overturned her findings.

Mkhwebane’s personal Twitter account tweeted after the appeal application refusal: “Not surprised, expected this outcome from Judge Tolmay.”

Tolmay found that Mkhwebane “failed the people of SA” with her investigation into the alleged Estina scam, which was intended to benefit poor black farmers but allegedly resulted in millions being siphoned off to the controversial Gupta family and its associates.

About R30m of the money intended for the project ended up funding a Gupta wedding at the Sun City resort.