Pretoria - The Economic Freedom Fighters (EFF) has indicated that it plans to appeal the judgment made by the North Gauteng High Court which agreed with President Cyril Ramaphosa to defer disciplinary action against the Minister of Public Enterprise Pravin Gordhan pending a judicial review.
This comes after the court ruled on Thursday that Ramaphosa has complied with the Public Protector's remedial action made against Gordhan.
The judgment allows Ramaphosa to await Gordhan's review of the Public Protector's report before deciding on what actions to take against him.
Speaking to the media after the judgment, EFF spokesperson Mbuyiseni Ndlozi said the judgment goes against the tide of the Constitutional Court.
"The remedial actions by the Public Protector are no mere remedial actions, they are binding until set aside by the court of law. A mere application for review doesn't set them aside," he said.
The EFF had applied to join the proceedings in support of Public Protector Busisiwe Mkhwebane but have said they do not support her individually but rather the office she holds.
The judge found that the EFF had been unreasonable in asking the court that Ramaphosa immediately implement Mkhwebane's remedial action.
Mkhwebane and the EFF have been ordered to pay the legal costs for their failed court bid.
Ndlozi said the party planned to appeal the costs as well.
"The judge was struggling to read her own judgment, not even in one moment did she substantiate what are the exceptional circumstances in this case for you to suspend the power of the Public Protector," Ndlozi said.
In May, Mkhwebane released her report into her investigation into Gordhan’s handling of former deputy SARS commissioner Ivan Pillay’s early retirement.
She had found that Gordhan acted unlawfully when he signed off on Pillay’s early retirement in 2010. Gordhan was the finance minister at the time.
As part of her remedial action, Mkhwebane stated that Ramaphosa should take action against Gordhan for violating the Constitution.