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The Gauteng High Court in Pretoria has invalidated suspended Public Protector Busisiwe Mkhwebane's final report on Minister Pravin Gordhan, quashing her investigation into a South African Revenue Service (Sars) IT contract.

The Office of the Public Protector did not attempt to defend Mkhwebane's report on Sars' appointment of IT company BB&D in 2007, which was already found to have been above board by, among other investigations, the Nugent Inquiry.

As a result, it was declared invalid and unlawful, reviewed and set aside.

Former Public Protector SA (PPSA) spokesperson Oupa Segalwe previously told News24 the office's decision not to defend the report against a previous legal challenge by former Sars official Ivan Pillay was "based on prospects of the PPSA successfully defending the review application".

"In the main, the PPSA considered the fact that the grounds for review were procedural aspects of investigation and the publication of the report, which were the subject of unfavourable judgments against the institution in other matters," he said.

"Financial implications were the other reason," he added.

This is the 39th report by Mkhwebane to be overturned, with 47 of her investigations currently facing legal challenges.

Mkhwebane's fitness to hold office is currently the subject of an investigation by a Section 194 committee in Parliament.

President Cyril Ramaphosa refused to divulge any information to the African National Congress's (ANC's) integrity commission (IC) about his Phala Phala dealings, citing a gag order by acting Public Protector Kholeka Gcaleka.

This emerged in a draft ANC integrity commission report, which contained a finding that the scandal engulfing the president had brought the party into disrepute. However, News24 understands that members of the commission have been deadlocked about the sanction he should face.

The commission is due to update the ANC's national executive committee (NEC) at a meeting that starts on Friday, and the matter is expected to be fiercely debated.

The commission, led by ANC veteran George Mashamba, met on Wednesday and agreed to order Ramaphosa to take the NEC and the public into his confidence about the allegations of impropriety related to dealings at his Phala Phala farm.

Insiders noted that the commission did not reach a consensus on a proposal that the president should be suspended or step aside, given the accusations he faces.

They are expected to present a progress report to the NEC.

"The IC finds that while the Phala Phala incident and events around it have definitely brought the ANC into disrepute, at this stage, it is not possible to determine individuals' responsibilities in bringing the ANC into disrepute. The IC, therefore, recommends that the president takes the NEC into his confidence and the NEC takes the people of South Africa into its confidence, on a matter which has brought the ANC into disrepute," the leaked draft report reads.

Ramaphosa's refusal to discuss the matter both inside the ANC and publicly is expected to come into sharp focus at the NEC meeting this weekend.

Party leaders opposed to Ramaphosa have said they will insist that he be made to step aside, given the accusations he faces. "As long as he is not saying anything, we will have to assume that he is guilty," a known Ramaphosa opponent said.

However, Ramaphosa's allies conceded that his refusal to shed any light on the matter made it difficult for his supporters to defend him in the NEC meeting.

"It's going to be tough. Those contesting him are going for blood. His posture can't be defended," an NEC member said.

ANC NEC member Nomvula Mokonyane said on Friday that she expected the meeting to be heated.

Ramaphosa first appeared before the integrity commission in July after former spy boss Arthur Fraser opened a criminal case against him for allegedly being part of an effort to conceal the theft of millions of US dollars from his Phala Phala farm in February 2020.

The president is the subject of a Hawks investigation, a probe by the South African Reserve Bank, a Public Protector probe, and an investigation by an independent panel appointed by Parliament on whether there is a case for him to answer to.

"He explained that he had every intention of fully engaging with the IC on this issue but the day before the engagement, the Acting Public Protector (APP) had issued an injunction advising him not to talk to anyone on the issue. He reported that he was therefore in a 'quandary' because he was unable to now discuss the issue. Since no engagement took place, the IC was unable to produce a report," the draft report reads.

For two months after that, Ramaphosa had no further engagement with the commission.

The commission noted that it was concerned about the continuing damaging effect that the Phala Phala issue was causing to the image of the ANC.

The draft report states, "The IC met with the president for the second time on 27 September 2022. The IC raised with Comrade President that it is acutely aware that the issue is not in any way resolved and is continuing to escalate. It is being used to damage the organisation, further fuelling the factionalised environment which in the view of the IC is paralysing the leadership and its promise of renewal."

Ramaphosa is said to have told the commission that his hands were tied because the acting ...

The South African Revenue Service (Sars) has issued a “heartfelt” apology to former employees affected by the organisation’s State capture years, and has reached a settlement with them.

The settlement give effect to one of the recommendations of the Nugent Commission of Inquiry into Tax Administration and Governance by Sars which found that there had been a massive failure of integrity and governance at Sars under the tenure of former Sars Commissioner Tom Moyane.

On Friday Sars announced that it has settled with former employees who were adversely affected between 2014 and 2018.

This also comes after the Constitutional Court finally ended, after years of litigation at the cost of taxpayers, suspended Public Protector Busisiwe Mkhwebane's attempts to appeal the invalidation of her so-called Sars ‘rogue unit’ report.

After an extensive enquiry into the matters that transpired at Sars, including allegations that the ‘rogue unit’ was unlawfully set up in 2008 to counter the illicit economy, the Nugent Commission found in 2018 that there was no basis for the allegations.

In its final report the Commission also recommended that Sars consider reparations to current and former employees who were negatively affected by actions taken by Sars owing to the now retracted Sikhakhane and KPMG reports.

Some of those whose reputations were affected affected by ‘Rogue Unit’ narrative include Ivan Pillay and Johann van Loggerenberg, as well as Peter Richer, Andries Janse van Rensburg, Adrian Lackay, Pieter de Bod, Gilbert Gunn, Nkele Pitsi, Siobhan Wilson, Telita Snyckers, Charl Fourie, Gene Ravele and Marika Muller.

Sars Commissioner Edward Kieswetter said the organisation should not have used the Sikhakhane and KPMG reports as a basis for any of the actions taken against the affected people and other Sars officials.

He said Sars recognised that the reports were deeply flawed.

In line with the recommendations of the Advisory Committee, Sars has paid “fair and reasonable pecuniary compensation” for the infringement of the participants’ personality rights as well as compensation for any loss of employment during this time.

“Unfortunately, because Sars itself became the victim of state capture in this period, Sars acknowledges that it failed to defend and protect its employees when the false allegations and imputations of wrongdoing resurfaced in October 2014 and in the subsequent years thereafter,” Kieswetter said.

Sars has also tendered a private apology to each affected person and their families for the ordeal and any harm caused to them.

“Sars deeply regrets the hurt, pain and suffering visited on them and their families as a result of certain actions implemented by Sars in this period,” Kieswetter added.

ActionSA has terminated the membership of its Gauteng leader, Abel Tau, with immediate effect amid allegations of sexual assault.

This leaves a vacancy both in council and for the MMC for Human Settlements position that Tau held.

Speaking to News24 on Thursday morning, ActionSA national chairperson Michael Beaumont confirmed that Tau had been made aware of the decision on Thursday morning, and that the party had also sent a communiqué to its coalition partners in the metro.

Beaumont said the party's senate had met on Wednesday night to deliberate over recommendations made by the disciplinary panel that was convened to consider the charges levelled against Tau.

ActionSA offered its apologies to the residents of Tshwane and its coalition partners for Tau's conduct, and assured them that the party would act decisively against any violations by its leaders.

The panel, chaired by advocate Gill Benson, is said to have heard evidence from several witnesses, but determined that it would be more appropriate for a court to deal with the charges relating to the alleged criminal conduct.

In addition, Tshwane Mayor Randall Williams has written to council speaker Murunwa Makwarela, asking him investigate whether Tau's alleged conduct was in breach of the code of conduct for councillors.

Tau, who is also ActionSA's Gauteng secretary, was last month placed on precautionary leave after it surfaced that he was facing allegations of attempted rape levelled against him by the wife of his friend.

William also indicated that Tau had to be investigated for the alleged inappropriate use of City resources for personal use while he was on leave.

Speaking to News24, Tau said he had been made aware by a friend about the decision taken to terminate his membership.

"I have not read the statement. I was told by a friend that apparently a finding has been made against me and that my membership should be terminated."

Tau said he was convinced that during the disciplinary hearing, he had demonstrated that he had not done what he was being accused of.

He said he welcomed the decision by the party, but still reserved his right to challenge it.

Tau joined ActionSA in 2020 after resigning as the DA's regional chairperson in Tshwane.

The Public Servants' Association (PSA) has given President Cyril Ramaphosa and his government seven days to respond to its demands, or face a national shutdown.

Scores of union members marched through the streets of Tshwane on Thursday, before handing a memorandum of demands to the Treasury department.

They are demanding a 6.5% wage increase, after the government implemented a 3% baseline increase in October.

PSA president Lufuno Mulaudzi accused the government of being "very arrogant".

"When they took power in 1994, they claimed to be a government that listens to its people. They said they are a government of the people.

"They are not the government of the people. We can't tolerate this nonsense. We have been warning them about their attitude. Their attitude is a threat to collective bargaining. In 2020, they reneged on the 2018 resolution," he said.

Muladuzi lashed out at Ramaphosa, claiming he promised to establish an independent body to assess wages for public servants.

“An independent body established by Ramaphosa can't look at the public service wages. We have the Public Sector Coordinating Bargaining Council looking at labour issues, including salaries of public servants.

"If he appoints that independent body led by a judge, we will fight with the government. We are not backing down. This [march] is not the end of it."

The union has given the government seven days to respond to its memorandum.

"We are going to shut this country down. We are going to shut down every office. Those sitting at home thinking the strike won't happen, they will join us when we meet next time," Mulaudzi warned.

"The PSA expects our demands to be favourably considered by Ramaphosa. We expect to receive a response in seven days to avoid any further or increased action and mobilisation by PSA.

"We have shamed our enemies. They thought this march was going to be a flop. Wherever they are, they are ashamed. Unfortunately, the Presidency is not here. It is very disrespectful to the PSA."

Mulaudzi warned the government to refrain from sending junior officials to receive their memorandum.

"We can’t have a situation, when we need the president, [he] is not here. He has sent junior officials to accept our memorandum. We expected to have the director-general receiving our memorandum.

"We have a single-term agreement for the years 2022 and 2023. We agreed after the employer had shown that they can't be trusted with the multi-term agreement. The government has reneged from implementing a negotiated three-year agreement in 2020."

Mulaudzi said the government's failure to implement decent salary increases for public servants was the result of years of unabated fraud and corruption.

The PSA claims its members are being crippled by rising inflation, escalating fuel prices, food, transport, and interest rate hikes.

"Public servants are expected to render services without receiving pensionable salary increases for the past three years. We demand protection of cash gratuity beyond 31 March 2023.

"Some of our government workers are scared that if they don't come out and join our march, they will have their salaries deducted. They don't know that come 32 March 2023, they won’t have that R1 000 they are budgeting for," Mulaudzi said.

'Government is playing with us'

Meanwhile, more than 500 PSA members and affiliates protested in the Durban city centre on Thursday.

They were joined by a small group of Health and Other Services Personnel Trade Union of South Africa (Hospersa) members.

The PSA's national director, Nondumiso Mvubu, said they were frustrated with the government's failure to provide adequate salary increases over the past two years.

"We have not had a decent wage increase. We want to make an impact and show government they are playing with us by not giving us any increase," she said.

Mvubu said a 3% increase was disrespectful and well below inflation. Statistics South Africa recorded headline Consumer Price Inflation at 7.5% in September.

Hospersa natio...

The Constitutional Court has unanimously dismissed suspended Public Protector Busisiwe Mkhwebane's attempts to appeal the invalidation of her so-called SARS "rogue unit" report, ending years of litigation.

The apex court has also found Mkhwebane and her office jointly and severally liable for the legal costs of Minister Pravin Gordhan and former SARS official Ivan Pillay, who she unlawfully implicated in wrongdoing linked to the establishment and operations of SARS' high-risk investigations unit.

Gordhan and Pillay successfully challenged the "rogue unit" report in the Gauteng High Court in Pretoria – a ruling Mkhwebane then spent years, and millions of rand in taxpayers' money, trying and failing to overturn.

Mkhwebane's conduct in her "rogue unit" investigation and the litigation that followed are among the bases upon which Parliament is investigating her fitness to hold office in a Section 194 inquiry process, which will continue on Thursday morning.

The African National Congress (ANC) Women’s League said it wants to see qualitative and equitable representation of women in critical positions of leadership and decision-making at the party’s fifty-fifth national elective conference.

The conference will be held between December 16 and 20.

The Women’s League’s top five nomination comprise 70% of women.

It has nominated Cyril Ramaphosa as party president, Thandi Modise as deputy president, Gwede Mantashe as national chairperson, Fikile Mbalula as secretary general, Febe Potgieter as deputy secretary general and Gwen Ramokgopa as treasurer general.

The Women’s League stressed that the ANC and society at large were still lagging in terms representation of women and members of the lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally community in leadership positions.

The Women’s League announced that it is currently in the process of drafting a position paper on how the ANC should be reconfigured to effectively deliver on its mandate of building a united, democratic, non-racial, non-sexist, and prosperous society.

“.an organisation that will be responsive to the present-day challenges our society faces. The position [paper] will be made available in due course after undergoing all appropriate organisational channels,” said the ANC Women’s League.

Anglican Archbishop Thabo Makgoba has warned government that it is “playing a very dangerous game” by tampering with South African’s right to vote, with the adoption of the controversial Electoral Amendment Bill.

He said the Anglican church has been monitoring the electoral reform journey closely with the hope that government would use the Constitution Court judgment to usher a new electoral system and new leaders.

In June, the Constitutional Court ordered the Electoral Act be changed to allow independent candidates to participate in the provincial and national elections.

Parliament was given until December 2022 to finalise the Bill and last month the National Assembly adopted the controversial Bill.

Civil society organisations have been urging MPs to reject the Bill, saying if it is passed, Parliament will jeopardise citizens’ right to vote and cause injustice to the country’s democracy.

Makgoba said the Anglican Church does not endorse the current Electoral Amendment Bill as it believes that the Bill does not fulfil the principle of the one man, one vote of equal value.

“Our country and people deserve better and we are heading for disaster if the voices and concerns of civil society are not taken seriously. These are the voices that will give the system credibility. Our plea is for the National Council of Provinces to do all in its mandated authority to remedy the constitutional flaws in the Bill so that we can have an electoral act that can truly enhance the much needed accountability we desire for our public servants and to give back the power to the people where it belongs,” said Makgoba.

The South African Council of Churches (SACC) also lent it voice against the Bill.

“Political parties are being advantaged by the Bill as it stands presently and we have to reject that. We support the principle of political accountability, which is fundamental to the shift that we want to see that politicians have to be held accountable because we now suffer from the consequences of the lack of accountability that has been prevalent by virtue of political party bosses wilding the power,” it said.

It highlighted that politicians must be reminded that they are expected to exercise servant leadership or else be removed from those positions.

Meanwhile, SACC said civil societies must approach the Constitutional Court to remedy the Electoral Amendment Bill, saying if the Court does not intervene, the change to accord the right to people to exercise their right to be candidates will not be honoured.

“So we support the notion that we go back to the Constitutional Court, irrespective of what happens because we now clearly understand that even the NCOP is not going to be able to do what it has to be done because the political will lack,” said SACC.

The South African Human Rights Commission has found that Economic Freedom Fighters (EFF) leader Julius Malema's speech and some of the posters/banners displayed at the party’s Provincial People’s Assembly in the Western Cape last month “collectively, constitute incitement of violence, hate speech and possibly other transgressions of the Promotion of Equality and Prevention of Unfair Discrimination Act, 4 of 2000.

”Malema reportedly told EFF members that they must "not be afraid to kill" and "killing is a revolutionary act".

Accordingly, the Commission has given Malema and the EFF until 18 November to retract and apologise for his statements.

The EFF has since rejected the findings and argued that the party and Malema were never invited to make representations for themselves.

The Auditor-General will scrutinise the Office of the Public Protector's legal fees in future audits, the office said in a statement on Tuesday.

While Public Protector Busisiwe Mkhwebane and her supporters have made much about the office achieving three clean audits in a row, recent evidence before Parliament's Section 194 inquiry into Mkhwebane's fitness for office, has raised questions about its expenditure on legal fees.

Evidence before the inquiry calls into question the R147-million spent on legal fees in relation to the quality of services provided given Mkhwebane's dismal litigation track record. It also appeared from email evidence that counsels' political affiliation played a role in their appointment.

Since 2018, Seanego Attorneys received the most briefs, and evidence shows the firm has to date been paid more than R55-million in legal fees and, out of this amount, advocate Dali Mpofu SC, was the highest-paid counsel, having received about R12-million.

Furthermore, evidence before the inquiry also shows Paul Ngobeni, a fugitive from US justice who is not allowed to practice law in South Africa, was paid thousands of rand for "legal opinions" and communications services, including attack articles against judges who ruled against Mkhwebane, from the legal services budget through Seanego Attorneys.

Ngobeni subcontracted RET commentators Kim Heller and Professor Sipho Seepe for "communication services" - for which he invoiced Seanego Attorneys.

This while PP had a department for communication services. After this evidence was revealed, the Democratic Alliance (DA) said it would write to Acting Public Protector Kholeka Gcaleka to "request that a full audit is conducted on all funds spent by the Public Protector to defend Mkhwebane both in court and in the media space".

"Regarding the calls for an investigation/audit into the expenditures incurred by the institution in respect of legal fees over the last number of years, there is a process currently underway in Parliament, which, amongst other issues, is tasked with ventilating this matter," read a statement from acting PP spokesperson Ndili Msoki.

He said while the office is still awaiting the outcomes of this process, it had reported the matter to the Auditor-General "and confirmation was received that the matter will be an area on which they will focus on, within the scope of the next audit".

Meanwhile, the PP says it is reviewing its systems, including those relating to procurement of legal services.

"This is to identify gaps and put in place appropriate corrective measures, which will include reporting to the relevant authorities where necessary, in order to ensure that its message of promoting good governance in state affairs is lived up to from within.

"We wish to assure the people of South Africa that we are acting within the parameters of the law in every action being taken. As an institution that is entrusted with ensuring accountability in state affairs, we too remain accountable. The institution will not be making any further comment on this matter."

The office also said Mkhwebane was not being evicted from the ministerial home she was occupying.

On Sunday, City Press reported the beleaguered Mkhwebane - who is facing a parliamentary inquiry into her fitness for office - was "on the verge of being evicted from the prestigious Bryntirion ministerial estate in Pretoria".

In July, News24 reported taxpayers forked out R3.7-million for Mkhwebane to live alongside ministers in the government's Bryntirion Estate, while she owned her own house in the capital city.

Mkhwebane was afforded this perk in 2017, after former police chief General Khehla Sitole, who at the time was divisional commissioner for protection and security services, performed a threats assessment.

Erstwhile public works minister Nathi Nhleko - a key player in the sham to absolve former president Jacob Zuma from culpability for Nkandla - approved Sitole's recommendation to move Mkhwebane into Brynti...