In the matter between:

Applicant: MINISTER GUGILE ERNEST NKWINTI & MINISTER OF WATER AND SANITATION

First Respondents: THE PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA: ADV BUSISIWE MKHWEBANE N.O

Second Respondents: THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA: MATAMELA CYRIL RAMAPHOSA N.O

Heard: In Chambers

Delivered: 13 March 2018

JUDGMENT

SARDIWALLA J

1. This is an urgent application in terms of the provisions of Rule 6(12)(a) of the Uniform Rules of Court resulting from a refusal by the first respondent to grant the applicant an extension to respond and comment on the first respondent’s report. The applicant seeks to interdict or restrain the first respondent from publishing her report.
2. The applicant, Guguile Ernest Nkwinti, is the former Minister of the Department of Rural Development and Land Reform (DRDLR) and the current duly appointed Minister of Water and Sanitation. The first respondent, the Public Protector, received a complaint from the applicant after a draft report from Deloitte was leaked regarding certain allegations of maladministration, corruption and irregularities in the acquisition of the Bekendvlei Farm which was purchased as a going concern which formed part of the DRDLR’s PLAS Version 2 Policy. The Public Protector undertook an investigation, at the conclusion of which she informed the applicant about the allegations, and asked him to respond to her report dated 1 April 2019 by no later than 20 April 2019. The applicant requested an extension to respond to the report which was scheduled for release on 6 May 2019 to which the first respondent refused.
3. The applicant brought this application as a result of the first respondent’s refusal. The relevant factual background will be dealt with later in this judgement. The applicant seeks an interdict or mandamus against the first respondent prohibiting her from making her report public pending the review application against the findings of the Public Protector’s report in terms of the provisions of Promotion of Access to Justice Act[1] (PAJA) and or in terms of Rule 53 of the Uniform Rules of Court.

C M SARDIWALLA

JUDGE OF THE HIGH COURT

Date of Hearing: 06 May 2019

Date of Judgement(Reasons): 31 May 2019