Pretoria - The High Court in Pretoria has granted urgent application by Public Enterprises Minister Pravin Gordhan for the suspension of Public Protector Busisiwe Mkhwebane's remedial action against him.
The case relates to the alleged 'rogue unit' which was set up at Sars during Gordhan's tenure as commissioner.
"The Public Protector was not supposed to entertain the Gordhan matter as it dates far back to about a decade ago," Judge Sulet Potterill said in her judgment on Monday. The Public Protector Act permits for investigations into matters less than two years old.
Potterill ruled that Gordhan has a prima facie right to request the interdict against the remedial action. She said that, contrary to submissions by Mkhwebane's counsel, suspending her remedial action would not weaken the Public Protector's office.
The judge also said that Gordhan had a prima facie case to review Mkhwebane's report and that "much of the orders are vague, contradictory and nonsensical." She found that there was a clear case to warrant judicial interference.