Pretoria - Lawyers acting for Public Enterprises Minister Pravin Gordhan on Tuesday filed papers at the Gauteng High Court, Pretoria, to set aside the report issued by the Public Protector, Advocate Busisiwe Mkhwebane, in which she recommended that remedial action be taken against him.
Mkhwebane released her report on Friday in which she directed President Cyril Ramaphosa to take disciplinary action against Gordhan for granting former Sars deputy commissioner Ivan Pillay early retirement in August 2010.
Gordhan will ask the court to declare that the public protector, in the investigation and finalisation of her report, failed to comply with her duties under the Public Protector Act and the Constitution.
The court will be asked to review and set aside the report and to declare her decision to exercise jurisdiction over the complaint of Pillay’s early retirement, unconstitutional, unlawful, irrational and invalid.
Gordhan will in the alternative ask that the court to set aside her decision on the basis that her discretion was improperly exercised.