The Supreme Court of Appeal has dismissed, with costs, an application for leave to appeal by Public Protector Busisiwe Mkhwebane in the controversial Estina dairy case.
The public protector had sought to challenge a Pretoria high court ruling which set aside her report on the alleged Estina dairy project scam. Another judgment in the same matter also ordered her to pay costs in her personal capacity.
In her judgment in May last year, in applications brought by the DA and the Council for the Advancement of the South African Constitution (Casac), judge Ronel Tolmay declared unlawful, unconstitutional and invalid and set aside the public protector report No 31 of 2017/18.
In a later judgment in August last year, Tolmay ordered the public protector, in her personal capacity, to pay 7.5% of the costs of the DA on an attorney and clients scale, which included the costs of two counsel.