Public Enterprises Minister Pravin Gordhan has challenged in court a report by the Public Protector that instructed President Cyril Ramaphosa to take unspecified disciplinary action against Gordhan.
The minister lodged an urgent application to suspend and interdict enforcement of the remedial orders by the Public Protector over the so-called ‘rogue unit’ during his tenure as Commissioner of the South African Revenue Service (SARS), as well as his alleged violation of the Executive Ethics Code.
Godhan’s lawyers confirmed this in a statement on Wednesday evening.
Last Friday, Busisiwe Mkhwebane made several damning findings against Gordhan during his time as the SARS commissioner.
Mkhwebane also found that Gordhan violated the Executive Ethics Code by ‘deliberately misleading the National Assembly by not disclosing that he had met with Ajay Gupta.’
Gordhan’s legal team want the Courts to suspend the enforcement of Mkhwebane’s remedial orders, and the main application, that her report into allegations of Gordhan’s violation of the Executive Ethics Code be declared unlawful and set aside.
Gordhan’s lawyers said in the statement: “The report ignores facts and their significance to reach its findings regarding the establishment of the South African Revenue Service (SARS) investigative unit.”
“The application by Min Gordhan seeks to review and set aside the report and have it declared unlawful, unconstitutional, irrational and invalid,” the statement added.
Mkhwebane ordered President Cyril Ramaphosa to “take appropriate disciplinary action” against Gordhan within 30 days from the release of her report.
The Public Protector further recommended that action be taken against Gordhan by Speaker of the National Assembly Thandi Modise, State Security Minister Ayanda Dlodlo, National Director of Public Prosecutions Shamila Batohi and Police Commissioner, Kehla Sithole.
Gordhan’s allies say Mkhwebane’s investigations into the minister are politically motivated, a charge she denies.
Mkhwebane made another finding against Gordhan this year that Gordhan also challenged.
