DA welcomes High Court denial of PP’s appeal of the Gupta-linked Estina Vrede Dairy project

The Democratic Alliance (DA) welcomes the outcome of the North Gauteng High Court denying the Public Protector leave to appeal the judgement of Judge Ronel Tolmay in the same court on 20 May 2019 with costs.

In her initial judgement, Judge Tolmay, quoting a case between the Democratic Alliance and the Speaker of the National Assembly and Others, indicated that the PP is “one of the most invaluable constitutional gifts to our nation in the fight against corruption, unlawful enrichment, prejudice and impropriety in State affairs and for the betterment of good governance.” The judgement indicated that the PP contravened the Public Protector Act and the Constitution, the very instruments that should have been used to investigate, expose and remediate the bureaucratic and political malfeasance in the Vrede Dairy Project. It is for this reason that Judge Tolmay declared that the PP report regarding the Vrede Dairy Project be “set aside and declared unlawful, unconstitutional and invalid”.

The most important aspect of Judge Tolmay’s judgment relates to the beneficiaries of this project: “The beneficiaries were the people who should have taken centre stage in this investigation, as they were the people, the vulnerable ones, for which her office was specifically created and who were deprived of an opportunity to benefit and better their circumstances. Instead they were ignored and their interests were relegated to a mere peripheral issue. It is an absolute disgrace that some, as yet unidentified people, benefited, while the poor and the marginalized were yet again robbed of an opportunity to better their circumstances.”

The initial judgement ordered Public Protector Busisiwe Mkhwebane to pay 7,5% of the DA’s and the Council for the Advancement of the South African Constitution’s (Casac) costs in her personal capacity and 85% in her official capacity.

Today’s judgement denying the Public Protector the right to appeal the initial judgement on both merit and on the costs is a victory for the 80 beneficiaries of the project and the people of the Free State who have already been waiting for seven years for redress and justice. The judgement will ensure that further costs are not expended by the Public Protector, who cited her limited resources as a reason for the restricted initial investigation, on further unnecessary legal fees. She must now carry out a comprehensive investigation and ensure that her recommendations are in line with her role to ensure justice for the marginalised people in our society and remediate malfeasance in government.

Statement issued by Dr Roy Jankielsohn MPL - DA MPL and Leader of the Opposition in the Free State Legislature, 13 December 2019