PUBLIC PROTECTOR VS PRAVIN GORDHAN: Mkhwebane’s report ‘absurd, incompetent, irrational, inappropriate and unlawful’, court hears

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Busisiwe Mkhwebane ordered the Minister of State Security to implement the findings of a classified 2014 Inspector-General of Intelligence report she had never seen, read or even interrogated and which has subsequently been declared unlawful.

So said advocate Kgomotso Moroko, counsel for the Minister of State Security, Ayanda Dlodlo, in support of now Minister of Public Enterprises Pravin Gordhan’s bid to have the public protector’s 2019 report and remedial action in the SARS “rogue unit” investigation set aside and declared invalid.Mkhwebane’s report made adverse findings against Gordhan, former SARS deputy commissioner Ivan Pillay and former SARS commissioner Oupa Magashula.

The public protector had instead sought to challenge the minister to release the report, a bid that proved unsuccessful. “In addition, the Minister does not have powers to implement remedial action imposed by the Public Protector,” said MorokoOver and above this, the Radebe report had since been set aside onOn Thursday Moroko said that Dlodlo had, in that matter, agreed that Radebe’s report contained “indefensible deficiencies” and that the investigation had been conducted unlawfully.

Advocate Wim Trengove, for Gordhan, referring to the OIGI report and Mkhwebane’s reliance on it to reach her findings, said it was curious that in court papers Mkhwebane “pretends not to have seen the IGI report”.In her own words, said Trengove, Mkhwebane said she had been “reliably informed” that the report was with the Minister of State Security and that the public protector had subpoenaed her to hand it over without success.

If it were true that the public protector did not have a copy “then it is the most extraordinary abuse of power to order the minister to implement the report. She blindly orders this,” said Trengove.“The public protector has never explained why she parroted a report she had never seen of an investigation of which she had absolutely no knowledge,” Trengove set out.

He said the public protector had argued that she was empowered to investigate “anything irrespective of when the incident arose” but this was “plainly wrong”.

 

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