'Twitter victories don't count in court': Redi Tlhabi questions Mkhwebane's 'rogue unit' judgment objection
Veteran radio personality and author Redi Tlhabi has questioned public protector Busisiwe Mkhwebane's criticism of the judgment passed by the high court in Pretoria this week on her report into an investigation unit at the SA Revenue Service (Sars).
Mkhwebane took to Twitter this week to claim there was a concerted effort to make her seem useless after the court decided to set aside her 2019 report into the controversial Sars “rogue unit”.
TimesLIVE reported that Mkhwebane's report on her investigation into the establishment of the “rogue unit” found the setting up of the unit, approved by public enterprises minister Pravin Gordhan, violated the constitution.
In its judgment on Monday, the full bench of the high court said the public protector's decision to entertain the complaints upon which she reported was reviewed, declared unlawful and set aside.
Taking to Twitter, Mkhwebane said there was evidence supporting her findings, despite the court's ruling against it.
“Dali Mpofu once said whoever is litigating against [the public protector] need not prepare a solid case but must just show up and win. It is a concerted effort to render PPSA useless just to deal with me. Oksalayo [either way] there is evidence supporting our findings. History has no blanks,” said Mkhwebane.
Tlhabi criticised Mkhwebane for her objection to the judgment against her.
She said the judgment motivates why a particular finding was reached and that “Twitter victories” don't count in court.
The problem here is that you are not specific on which parts of the judgement you find objectionable. The judgement itself, goes step by step & motivates why a particular finding was reached. These Twitter victories don't count in court. What specifically are you rebutting? https://t.co/Lj395xHgKi— Redi Tlhabi (@RediTlhabi) December 7, 2020
“For example, the primary finding appears in paragraph 296 where the court stated: 'The PP report fails at every point. We are satisfied the report is the product of a wholly irrational process, bereft of any sound legal or factual basis.' Is this the part you say is problematic?" she asked in a follow-up tweet.
Or is it this one: 101 "In addition to the fact that the Sikhakhane report has been widely discredited, we can likewise find no factual or legal basis upon which it can be concluded that the establishment of the unit was unlawful." Being specific will help on such grave matters— Redi Tlhabi (@RediTlhabi) December 7, 2020
Thlabi also slammed Mkhwebane for using the word “oksalayo”, saying it was “not the response of adults”.
Tlhabi took a subtle jab at Mkhwebane, predicting she would soon claim there was a conspiracy against her.
“She collects these scathing judgments as fast as I collect matching running gear. Not only about errors in law, but her conduct,” said Tlhabi.
I thought you'd be reading High Court judgement on "Nothing ever embarrasses me" PP. She collects these scathing judgements as fast as I collect matching running gear. Not only about errors in law, but her conduct: "Reprehensible." The next step of course "Conspiracy against me." https://t.co/NhyvzXmK8i— Redi Tlhabi (@RediTlhabi) December 7, 2020
While Mkhwebane has not yet responded to Tlhabi's comments, her comments drew mixed reactions from users.
Some agreed with Tlhabi's comments, while others criticised her and asked when she had become a lawyer.