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ConCourt dismisses Mkhwebane's Estina report appeal bid, hit with costs order

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The Constitutional Court has dismissed Public Protector Busisiswe Mkhwebane's bid for leave to appeal the judgment against her Estina dairy farm project report.

"The Constitutional Court has considered this application for leave to appeal. It has concluded that the application should be dismissed as it bears no reasonable prospects of success," read the order.

The application was dismissed with costs. 

In a statement issued on Friday, the Democratic Alliance in the Free State welcomed the judgment. 

"The Public Protector has now exhausted all avenues to delay holding senior politicians involved in the controversial Gupta-linked Vrede Dairy Project to account, and is now required to finalise the report," Leader of the Official Opposition in the Free State Legislature Roy Jankielsohn said. 

"The DA remains committed towards ensuring that justice prevails for the beneficiaries of the Vrede Dairy Project, and want to see the political architects involved held accountable for their involvement in the project."

In August 2019, the Gauteng High Court in Pretoria handed down the scathing judgment, declaring that Mkhwebane failed in her duties to investigate and report on the Vrede dairy farm project in the Free State. 

It set aside Mkhwebane’s report declaring it "unlawful and unconstitutional".

In June this year, the Supreme Court of Appeal also dismissed Mkhwebane’s application for leave to appeal the high court judgement.  

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