#PravinGordhan application unnecessary, says court

Former Finance Minister Pravin Gordhan. File picture: Linda Mthombeni/GCIS

Former Finance Minister Pravin Gordhan. File picture: Linda Mthombeni/GCIS

Published Aug 18, 2017

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Pretoria - Former finance Minister Pravin Gordhan lost his high court bid for a declaratory order that he cannot get involved in the Gupta family’s disputes with several of the country’s major banks.

Gordhan asked the court for a declaratory order that he is not obliged to interfere in the private banking relationship between the Gupta-owned companies and the four South African banks, which closed the Oakbay Investments and related bank accounts.

A full bench (three judges) found that the law already existed which protected the finance minister from becoming entangled in the private banking affairs of individuals and that there was no need for Gordhan to approach the court.

Deputy Judge President Aubrey Ledwaba said the Gupta’s Oakbay Group conceded in its legal arguments to the legal position that the minister sought confirmed by way of a declaratory order.

Pravin Gordhan appl for a declaratory order that he cannot get involved in Gupta bank battle, dismissed with costs @IOL @pretorianews pic.twitter.com/EoUSZWDTtO

— Zelda Venter (@ZeldaVenter) August 18, 2017

“We note with concern, though, that while the Oakbay Group knows and has conceded the legal position regarding the powers and functions of the minister, they not only persisted in their requests to him for assistance, but counsel for Oakbay in arguments submitted that he would not consider similar requests to the minister in future to be impermissible.”

“It is the duty of the minister, as a member of the National Executive, to obey, respect and uphold the law in the exercise of his executive functions. It is not appropriate for a member of the National Executive to draw the judiciary into the exercise of his executive functions as evinced in this application.

“To grant the minister the declaratory relief would allow the judiciary to stray into the exercise of executive functions where the circumstances do not warrant its involvement,” Judge Ledwaba said.

He added that the court held a strong view that this application was clearly unnecessary in the circumstances of this case.

He slapped the office of the Finance Minister with the legal costs, including that of the Oakbay Group.

Pretoria News

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