Public Enterprises Minister Pravin Gordhan will on Tuesday tell the High Court in Pretoria that he would suffer irreparable harm if the Public Protector’s remedial action was carried out as set out in the investigation into the so-called South African Revenue (Sars) rogue unit.
Gordhan is asking the court to interdict the enforcement of the remedial action against himself, pending a review of the report at a later stage.
Advocate Busisiwe Mkhwebane found that the minister violated the Constitution and the executive ethics code for his role in the establishment of the so-called and now debunked rogue unit.
The advocate directed the president to take appropriate disciplinary action against Gordhan within 30 days of the release of the report.
Gordhan argues that the erroneous findings and remedial action imposed by the Public Protector have had an enormous personal and political impact on him.
He said they have detrimentally affected perceptions of character, maligned his reputation and adversely affected his standing as Minister of Public Enterprises.
Gordhan argues that if the enforcement of the remedial action was not interdicted, he would be subjected to a disciplinary process and possible criminal investigation based on what he believed was an unlawful report.
He said there would be no prejudice to the Public Protector should the interdict be granted.
It’s understood both Mkhwebane and the Economic Freedom Fighters, which has joined as a party, are opposing the application.
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