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Finance Minister Tito Mboweni applied this week to review a ruling by Public Protector Busisiwe Mkhwebane.
In December Mkhwebane found Treasury director-general Dondo Mogajane “dishonest” and “guilty of gross negligence” when he applied for the post of DG but failed to disclose that he had a criminal conviction in the form of a traffic fine for speeding.
“I demonstrate in this affidavit that the findings of the Public Protector are arbitrary and irrational,” Mboweni said in court papers filed this week.
“The remedial action is inappropriate in that it infringes on the doctrine of separation of powers,” he said.
Mboweni said he was seeking an order that Mkhwebane’s findings and remedial action be declared “irrational, alternatively unreasonable, and set aside”.
Last month President Cyril Ramaphosa informed the Public Protector that he had initiated remedial action in line with the ruling and had requested Minister for Public Service and Administration Ayanda Dlodlo to study the report on Mogajane and advise on the steps the department would take to address the specific issues raised by the Public Protector.
Ramaphosa delegated Minister of Higher Education and Training Naledi Pandor the power to initiate disciplinary action against Mogajane, and Mboweni to implement the outcome of the disciplinary hearing.
