‘The judge struggled to read her own judgment,’ says Ndlozi following Mkhwebane ruling

The High Court in Pretoria on Thursday granted President Cyril Ramaphosa an interdict against having to implement remedial actions against Public Enterprises Minister Pravin Gordhan contained in a report against him by Public Protector Busisiwe Mkhwebane.

The remedial action partly involves a matter of early retirement payment to former Sars commissioner Ivan Pillay.

Judge Lettie Molopa-Sethosa said Ramaphosa’s actions were rational and he was not challenging the factual findings of the public protector.

“All he is saying is ‘let me await the final findings of the review’,” ruled the judge, saying it was clear that Ramaphosa was not trying to avoid compliance with Mkhwebane’s orders. She said she was satisfied that he had made out his case.

Molopa-Sethosa said Ramaphosa was obliged to act rationally and argued it was “mind-boggling” that Mkhwebane had opposed his application, since she was not acting consistently in her approach to review applications and interdicts.

The judgment has divided South Africans, with some behind Mkhwebane while others have been trying to poke holes in the ruling.

Mkhwebane was supported in court by the Economic Freedom Fighters (EFF), and the party’s national spokesperson Mbuyiseni Ndlozi found fault with how the judge read the ruling. According to Ndlozi, the judge did not “inspire” confidence.

“Your ladyship can’t even read her own judgment. She doesn’t inspire ANY confidence in justice,” said Ndlozi.

He further told Jacaranda News: “It seems to us as if the appeal, we will be taking this judgment on appeal because as you know the two judgments are literally going against the tide of an established by the constitutional court that the remedial action of the public protector is binding until set aside by the court of law.

“A mere application for a review does not set them aside. You can only set them aside by an urgent interdict on exceptional circumstances. You and I were in this court today as the judge was struggling to read her own judgment.

“Not even in one moment did she substantiate what the exceptional circumstances are in this case for you to suspend the power of the public protector, for you to suspend the remedial action being binding of the public protector.”

These were some of the reactions:

Reactions to Mkhwebane ruling

(Compiled by Vhahangwele Nemakonde)

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