Gordhan vs Mkhwebane: Spotlight on high court judgment as PP's deadline looms | IOL News

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Gordhan vs Mkhwebane: Spotlight on high court judgment as PP's deadline looms

The Gauteng High Court, Pretoria, is rushing against time to hand down judgment before deadlines set down by Public Protector Advocate Busisiwe Mkhwebane in her remedial actions. This is over a report she released on the SA Revenue Service rogue unit involving Public Enterprises Minister Pravin Gordhan and former deputy Sars commissioner Ivan Pillay.

Meanwhile, in a showdown inside courtroom 2D, Mkhwebane and Gordhan faced off over the minister’s urgent application to halt her from enforcing her remedial actions and compel President Cyril Ramaphosa to act against him. He highlighted that Mkwebane’s insistence that her orders be implemented as soon as possible, regardless of the outcome of the review, undermined the rule of law and his constitutional right.

“It would moreover clearly be unlawful for the president to discipline Minister Gordhan without affording him a hearing,” he said. He added that Gordhan had a right to review the decision without tarnishing the public protector. Representing Ramaphosa, advocate Matthew Chaskalson SC maintained that Mkhwebane’s instruction for the president to take action against Gordhan and provide her with an implementation plan at a set time to avert a “constitutional crisis” was indicative of her “forcing” him to act and violate his duties as president.

 

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PP legal representative make an undertaking that nothing will be done until judgement is delivered irregardless of when it will be delivered

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