EFF, Mkhwebane lose case before Constitutional Court against Gordhan

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The Economic Freedom Fighters (EFF) and Public Protector Busisiwe Mkhwebane have lost their bid to interdict Public Enterprises Minister Pravin Gordhan’s review of the SARS rogue unit report.

In 2019, Mkhwebane found that Gordhan had unlawfully constituted a unit that conducted illegal intelligence gathering.  He was the SARS Commissioner at the time.

Gordhan was granted an interdict to halt remedial action taken while he took the report on review. The EFF and the Public Protector were appealing that interdict.

The SARS Rogue Unit report had recommended that President Cyril Ramaphosa discipline Gordhan for maladministration and corruption.

The EFF, which has been baying for the Public Enterprises Minister’s blood for a while, approached the apex court, seeking the interdict to allow for disciplinary action against Gordhan.

However, the Constitutional Court found that the High Court ruling had been in accordance with the law. It found that the argument that a stricter test for interim interdicts against the Public Protector was without merit.

The Apex court also ruled that the High Court had followed precedent set out in previous cases and was within jurisdiction.

Gordhan’s lawyer Teboho Malatsi has welcomed the ruling.

“Significantly for Mr Gordhan it means that, but for the interim interdict he would’ve been subjected to an unspecified disciplinary action by the President of the Republic not withstanding that there was a pending court case to review the report of the Public Protector,” says Malatsi.

Below is a file video of the legal showdown between Gordhan and Mkhwebane in the High Court in Pretoria: