Ramaphosa said remedial action proposed by the public protector that he take disciplinary action against public enterprises minister Pravin Gordhan should happen only after a review application by Gordhan is complete. The president’s counsel, Matthew Chaskalson, was in the Pretoria high court on Tuesday to support a bid by Gordhan to suspend Busisiwe Mkhwebane’s remedial action outlined in her report on the SA Revenue Service (Sars) “rogue unit” – pending a judicial review of that report.
Mkhwebane found, in a report earlier this month, that the establishment of the unit, approved by Gordhan when he was finance minister, was in violation of the constitution.
Chaskalson told judge Sulet Potterill that the attitude of the president was that he should be involved in the matter following the adjudication of the dispute between Gordhan and Mkhwebane.
“The legality of the public protector’s findings is subject to a challenge by the minister. There is a serious dispute about the legality of the public protector’s findings,” Chaskalson said.
He said the public protector seemed, in her remedial action, to assume that the president had similar disciplinary powers over Gordhan that an employer had over an employee.
Chaskalson said Gordhan was not an employee in the ordinary sense as he was there to serve at the behest of the president.
The report is fundamentally and irretrievably flawed” That’s what President Cyril Ramaphosa said yesterday, while addressing the nation.
Madiba Street in front of the North Gauteng High Court in the Pretoria CBD has been temporarily closed for traffic due to dozens of protesters singing and chanting in front of the court. The two groups are protesting in support of public protector Busisiwe Mkhwebane as the court is hearing an urgent application by public enterprises minister Pravin Gordhan, who’s challenging the implementation of Mkhwebane’s remedial actions against him.
The North Gauteng High Court has reserved Judgment in the urgent interdict application by Public Enterprises Minister Pravin Gordhan. Minister Gordhan filed the application in a hasty effort to halt the implementation of Public Protector Advocate Busisiwe Mkhwebane’s remedial actions. This comes after Mkhwebane’s so-called SARS ‘rogue unit’ report found Gordhan guilty of violating the constitution.