The public protector had sought to challenge a Pretoria high court ruling which set aside her report on the alleged Estina dairy project scam. Another judgment in the same matter also ordered her to pay costs in her personal capacity.
In a later judgment in August last year, Tolmay ordered the public protector, in her personal capacity, to pay 7.5% of the costs of the DA on an attorney and clients scale, which included the costs of two counsel.In December last year, Tolmay dismissed Mkhwebane's application for leave to appeal her judgment. This prompted Mkhwebane to petition the SCA to appeal against Tolmay's judgment.
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