Court judgment against Mkhwebane reaffirms SACP stance against her

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Public Enterprises Minister Pravin Gordhan. (Gallo)
Public Enterprises Minister Pravin Gordhan. (Gallo)

The SACP has reiterated its call for Parliament to institute an inquiry into Public Protector Busisiwe Mkhwebane's fitness to hold office.

This comes after Mkhwebane took another beating at the Gauteng High Court in Pretoria on Monday, as the court upheld Public Enterprises Minister Pravin Gordhan's application to interdict her remedial actions against him. 

In a statement by the SACP shortly after the court's ruling, the alliance partner of the governing party said it seriously noted the damning court finding that the remedial orders prescribed by Mkhwebane were "vague, contradictory, and nonsensical".

"The SACP particularly notes the profound conclusion reached by the court against the incumbent Public Protector's argument that her remedial action must be implemented regardless of whether her report has been or is referred to court for review."

Last Tuesday, Gordhan applied for an urgent interdict to suspend the remedial action in the SARS so-called rogue unit report against him while he sought a full judicial review.

ALSO READ: Mkhwebane finds Gordhan violated executive ethics code, SARS 'rogue unit' was unlawful

In her judgment, Judge Sulet Potterill established that Gordhan had a prima facie right for the remedial orders to be suspended, pending a court review of the report.

Earlier this month, Mkhwebane found the establishment of the unit in 2007 was illegal and that it had conducted unlawful intelligence while Gordhan was the tax agency's commissioner at the time, Fin24 reported.

Gordhan's legal team argued he would continue to "suffer baseless, but engineered, reputational damage" if the remedial action was not suspended, pending a full review of the report.

He further advanced that the SARS unit was legally established and the appointment of former deputy commissioner Ivan Pillay without any qualifications was justified as he had spent his formative years fighting in the anti-apartheid struggle.

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