* This story has been updated
CAPE TOWN - THE Public Protector Adv Busisiwe Mkhwebane has withdrawn his leave to appeal to the Constitutional Court challenging a High Court’s decision to stay the implementation of her remedial action on the existence of a “rogue unit” in the South African Revenue Services (Sars) while Public Enterprises Minister Pravin Gordhan was at the helm.
A notice of withdrawal, seen by African News Agency (ANA), states: "...the first and second applicants (Public Protector and Busisiwe Mkhwebane, respectively) hereby withdraw their application for leave to appeal directly this Honourable Court against the whole of the order and judgement granted by Her Ladyship, Potterill J, of the Gauteng division of the High Court on 29 July 2019..."
Last month, Mkhwebane made scathing findings against Gordhan in her report saying the Minister had misled parliament about meeting one of the Guptas.
The Public Protector also found that Gordhan played an instrumental role in the formation of a “rogue unit” which was allegedly used to monitor to day to day lives of several people in the country.