Pretoria - Lawyers representing Public Protector Busisiwe Mkhwebane have argued in court that the staying of the public protector’s remedial action against Pravin Gordhan at “whim” would have a devastating impact on the rule of law.
Advocate Dali Mpofu, who represented Mkhwebane, told the court that President Cyril Ramaphosa was allowing himself to be a proxy for Public Enterprises Minister Pravin Gordhan in applying to stay the disciplinary action recommended by Mkhwebane.
Mpofu and lawyers representing Gordhan and Ramaphosa were on Thursday arguing in the president’s application to interdict the recommendation stated in Mkhwebane’s report against Gordhan.
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. He 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.