EFF leader Julius Malema says his party will head to the Constitutional Court if Public Enterprises Minister Pravin Gordhan's urgent application against Public Protector Busisiwe Mkhwebane is approved by the Gauteng High Court in Pretoria.
Malema said this while addressing scores of his supporters who were gathered outside the court on Monday.
Gordhan filed an urgent application challenging the implementation of Mkhwebane's remedial actions against him relating to the so-called SARS "rogue unit".
Mkhwebane instructed President Cyril Ramaphosa to initiate disciplinary proceedings against Gordhan within 30 days of the release of the report, however the minister wants the remedial actions suspended until his judicial review of the report is finalised.
Malema told his supporters the fight was not about Mkhwebane but the Chapter 9 institution that she headed. He said it was important that findings and remedial actions set out by it should be implemented because they were binding.
"She [Judge Sulet Potterill] must know that if she rules against us, we are petitioning the Constitutional Court directly. We want the Constitutional Court to once more say they don't care about this office."
Malema said just because the party was supporting the Public Protector in this particular case should not mean it had never disagreed with her before.
He told his supporters the EFF welcomed Monday's ConCourt ruling, which found that Mkhwebane should pay 15% (an estimated R900 000) of the South African Reserve Bank's costs in her personal capacity for her Bankorp-CIEX report that was set aside in February 2017.
Malema said the party had warned her against releasing the report.
He reiterated it was important that remedial actions set out by the Public Protector should be implemented, adding if they were not, then the office was being disregarded.
Malema said it had brought its case to court, supporting the office, because the "Constitution was violated". He added remedial actions needed to be taken by way of Ramaphosa "disciplining" Gordhan.
"Discipline means a simple thing, he [Gordhan] must be fired. Pravin doesn't deserve to be a minister.
"Pravin Gordhan behaves like an untouchable politician in South Africa. So the EFF goes after the untouchables, once you create an impression that no one can touch you, we come after you. No one must be above the Constitution and the courts. Our courts must interpret the law," he said.
He said the party had nothing against Gordhan but was concerned because there were findings against him, adding there was nothing about the party "flip-flopping" because it was a matter of principle.
"We supported Pravin when Zuma fired him. When we were supporting him, there was no finding by the Public Protector."
We are not friends with white monopoly capital
Malema also touched on allegations that his deputy, Floyd Shivambu, had a relationship with one of South Africa's richest men, Johann Rupert.
He said his party was continuing the fight against white monopoly capital, adding it would continue to fight against those who had the wealth and land they acquired under apartheid.
"We are not friends with white monopoly capital. We don't want the Ruperts. They can donate their books and say our deputy president is working with them. They can't prove anything because they want to use our deputy president to avoid accountability for Ramaphosa and Gordhan," said Malema.
Judgment in Gordhan's urgent application has been reserved.
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