PRETORIA - The EFF said would appeal Monday's North Gauteng High Court ruling that suspended the remedial action against Public Enterprises Minister Pravin Gordhan ordered by Public Protection Busisiwe Mkhwebane.
The EFF, which joined the proceedings in support of Mkhwebane, said it would approach the Constitutional Court to appeal the interdict of the remedial action against Gordhan.
Judge Sulet Potterill interdicted Mkhwebane from enforcing the remedial pending the outcome of Gordhan's court application for a full review of her findings against him regarding the establishment of the so-called "rogue" intelligence unit within the South African Revenue Service.
The EFF said they were not surprised by Potterill's decision and accused her of racial bias.
"This is because we had realised how visibly irritated Judge Sulet Potterill was, when the black lawyers who were exclusively arguing against the exclusively white lawyers of [Pravin] Jamnandas Gordhan, Ramaphosa, and all who wanted the interdict," the EFF said in a statement.
The EFF said the judge was biased and paid more attention to lawyers who were representing Gordhan and Ramaphosa while showing irritation towards Mkhwebane's lawyer.
"Nevertheless, above all, we believe that the interdict essentially shuts down what is a constitutionally created institution. We shall therefore appeal this decision with the Constitutional Court. It is a fight to the end," the party said.
Gordhan applied for an urgent interdict last Tuesday to suspend the remedial action, while he seeks a full judicial review.
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.
While the EFF submitted to the court that the matter did not warrant a judicial hearing, Potterill ruled that Gordhan was within his rights to seek legal recourse.
Mkhwebane's investigation against the minister was prompted by a complaint from the EFF. Gorhan says the party is targeting him because it opposes efforts to root out corruption.