In his founding affidavit filed with the Pretoria High Court, Gordhan said there were no “special circumstances” present for Mkhwebane to exercise her discretion on a matter that took place more than 10 years ago.
“The public protector may not entertain a complaint more than two years after the event at issue, except where, in special circumstances, the public protector exercises her discretion to do so.”
Gordhan insisted that Pillay’s early retirement was approved on October18, 2010, and that there were no “special circumstances” justifying Mkhwebane entertaining the complaint almost a decade later.
The former minister is asking the Pretoria High Court to set aside Mkhwebane’s report which made adverse findings against him. He also wants the court to order personal costs on a punitive scale against Mkhwebane.