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Gordhan asks court to defer action against him

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Advocate Busisiwe Mkhwebane. Picture: Felix Dlangamandla
Advocate Busisiwe Mkhwebane. Picture: Felix Dlangamandla
Felix Dlangamandla

“Do not insult people because they have a different view on what the law says,” said Advocate Thabani Masuku on Tuesday, in defense of Public Protector Busisiwe Mkhwebane at the High Court in Pretoria.

Masuku took issue with the language used by Minister of Public Enterprises Pravin Gordhan, when responding to Mkhwebane’s report. Masuku said Gordhan’s insults were an attack on Mkhwebane’s dignity and office. Gordhan previously referred to Mkhwebane as ‘legally illiterate’.

Gordhan on Tuesday asked the High Court in Pretoria to interdict the remedial action set by Mkhwebane’s report - which alleged he had been involved in the SA Revenue Service (Sars) “rogue unit” - until his judicial reviews has been finalised.

Mkhwebane had given President Cyril Ramaphosa 30 days to act against Gordhan and National Assembly speaker Thandi Modise 60 days to implement her orders.

Read: Mkhwebane slams Modise for failing to protect her

Gordhan argued the remedial action by Mkhwebane must be tested in a judicial review because it interferes with the exercise of statutory and constitutional powers

Gordhan’s counsel, advocate Wim Trengove, said there was no reason for the urgent implementation of the remedial action ordered by Mkhwebane in her findings related to the South Africa Revenue Services (Sars) “rogue unit.”

“The conduct happened many years ago, but for some reason the minister must be punished within 30 days,” said Trengove.

Public Enterprises Minister Pravin Gordhan

Trengove questioned the powers of the Public Protector in telling ministers, the Speaker of the National Assembly, the head of the National Prosecuting Authority and the president how to do their jobs.

He argued that the application brought forward by the EFF - that Mkhwebane was well within her rights to ask that Ramaphosa take action against Gordhan - was of no effect.

“The EFF’s position seems to be based on misconceptions that there is no need for a suspension order as all that the Public Protector requires for Ramaphosa to do is to institute disciplinary action against Gordhan,” Trengove said.

Ramaphosa on Sunday said the remedial action proposed by the Public Protector, should happen only after a review application by Gordhan is complete.

The president’s counsel, Matthew Chaskalson said: “It may be that the president has no power to take disciplinary action against the minister. If that is the case, then the remedial action to take disciplinary action against the minister may well constitute a power that the president does not have.”

He said the decisions that the president needed to take were best taken at the end of the review application.

Judgment was reserved, but Judge Sulet Potteril said she would prioritise the case with urgency in order to comply with Mkhwebane’s deadline.

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