Public Protector Busisiwe Mkhwebane has been dealt yet another legal blow.
The North Gauteng High Court has ruled in favour of public enterprises Minister Pravin Gordhan in his urgent application to interdict Mkhwebane’s remedial action against him.
Mkhwebane found that the establishment of the unit was unlawful and that Gordhan, who was Sars commissioner at the time of its implementation, had violated the constitution.
In her remedial action, the Public Protector directed President Cyril Ramaphosa to take appropriate disciplinary action against Gordhan.
Gordhan applied for an urgent interdict against her instruction to the president, ahead of a full judicial review to overturn the entire ruling. Monday’s ruling means he was successful in the first part of this legal action.
Public Enterprises Minister Pravin Gordhan is fingered in two separate reports by Mkhwebane put out in quick succession:
Gordhan is in a legal battle with Mkhwebane over an early pension payout made nine years ago to Ivan Pillay while both were at Sars. Gordhan is also taking this to the courts to set aside.
He has not applied for an urgent interdict against her remedial actions on this matter of the pension as he did on the rogue unit, but the president himself is doing so.
