The High Court in Pretoria has ruled that suspended public protector Busisiwe Mkhwebane’s report on former SARS official Ivan Pillai was unlawful and quashed it.

In April, Mkhwebane found that SARS officials were involved in “misconduct and mismanagement” surrounding the IT contract.

The High Court also found that Mkhwebane had acted in breach of several of Pillay’s constitutional rights.

In a statement, Pillay’s lawyers noted that this is the third Public Defender’s report that has been delayed in a court proceeding in which Pillay is a petitioner. Both of the other two Public Protector reports that found against Pillay – including the so-called SARS “Rogue Unit” report and the report on his early retirement – have been overturned by the courts.

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