Gordhan files review application for Mkhwebane’s report
He will also ask the court for a declaratory order that the public protector did not act in accordance with the Constitution or the Public Protector Act.
Public Enterprises Minister Pravin Gordhan. Picture: Thobile Mathonsi/ African News Agency/ ANA
Public Enterprises Minister Pravin Gordhan’s legal team filed a review application on Tuesday morning asking the High Court in Pretoria to set aside a recent report by Public Protector Busisiwe Mkhwebane which found that he flouted the Constitution.
In her report, Mkhwebane found that during his time as finance minister, Gordhan irregularly approved the early retirement of Ivan Pillay from the South African Revenue Service (Sars).
The public protector directed President Cyril Ramaphosa to “take appropriate disciplinary action” against Gordhan, finding that his approval of Pillay’s retirement amounted to “improper conduct” and was a violation of the constitution.
Gordhan vowed to take the report under review and has since done so.
RELATED: Mkhwebane claims Gordhan is ‘interfering’ with her investigation
He will also ask the court for a declaratory order that Mkhwebane, who has had two reports set aside by the High Court already, did not act in accordance with the Constitution or the Public Protector Act, reports Polity.
Mkhwebane announced her findings during a media briefing on Friday afternoon, a day before Ramaphosa was due to be sworn in as president.
Gordhan alleges that Mkhwebane appears to have rushed the report while various analysts have called the report’s timing into question.
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