Public Protector Busisiwe Mkhwebane has insisted in court papers that she does have the legal power to subpoena taxpayer information, and has an opinion from senior counsel to back her up.
The opinion, which Mkhwebane has now attached to her court papers, took the view that the public protector may not subpoena taxpayers’ information — even if it has a bearing on an investigation. “It does not appear that any such opinion exists or, if it does, that it supports the public protector’s intransigent stance,” he said.
Sikhakhane’s opinion — which he said was preliminary because he was not briefed with the detail about whose and what kind of information was being sought — is also attached to the court papers. Mkhwebane apologised for not having shared Sikhakhane’s opinion with Sars earlier. It was inadvertent, “mainly owing to my busy schedule”.
Kieswetter had said that Mkhwebane’s willingness to “ride roughshod over independent legal advice” and her threats to hold him in contempt gave rise to a “clear inference”.
An excellent PP is a PP who gives hope to poor masses of South Africa. An excellent PP is a PP who prioritises cases. An excellent PP is a PP whose after the senior government officials especially the president, executive and members of parliament who are looting state coffers.
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