The EFF is arguing that the focus of the battle between the party, Public Protector and Pravin Gordhan should not be about the personalities involved. Picture: ANA

Johannesburg - The EFF is arguing that the focus of the battle between the party, Public Protector Busisiwe Mkhwebane and Public Enterprises Minister Pravin Gordhan should not be about the personalities involved.

Advocate Tembeka Ngcukaitobi, for the EFF, told the Constitutional Court on Thursday that in dealing with the matter, the justices should forget about Mkhwebane and Gordhan and focus on the principle of law.

Ngcukaitobi said it was not constitutionally appropriate to focus on the individual but the institution of the office of the Public Protector.

He said the matter should lay the foundation for a judicial mechanism that is sensitive to the primary functioning of the Public Protector.

According to Ngcukaitobi, the executive - of which Gordhan is a member - is trying to prevent Mkhwebane from implementing her remedial action and warned that this would adversely affect the effectiveness and accessibility of the Public Protector.

Ngcukaitobi said the effect of the North Gauteng High Court’s interim interdict halting the implementation of Mkhwebane’s remedial action that President Cyril Ramaphosa censures Gordhan for his role in the establishment of the so-called SA Revenue Service (Sars) rogue unit.

"The order stopped the Public Protector dead in her tracks,” he said.

Ngcukaitobi said the interim interdict was a stoppage of the Public Protector from execution of her duties.

He said the review of the report instituted by Gordhan does not suspend the execution of Mkhwebane’s remedial action.

Ngcukaitobi wants a stricter test to be applied when granting interdicts against Mkhwebane.

Political Bureau