PRETORIA – Public Enterprises Minister Pravin Gordhan has argued that the Public Protector’s remedial action must be tested in a judicial review because it seriously interferes with the exercise of statutory and constitutional powers.
Gordhan on Tuesday asked the High Court in Pretoria to interdict the enforcement of the remedial action in the report related to the Sars investigative unit until his full judicial review has been finalised.
Mkhwebane instructed the president to initiate disciplinary hearings against the minister within 30 days of the report but Gordhan wants that order suspended until his judicial review is finalised.
Mkhwebane and the Economic Freedom Fighters (EFF) opposed the application.
Advocate Wim Trengove said that Mkhwebane’s remedial action should be interdicted because there was a serious challenge to its lawfulness.
She said that parties affected by the directions were not given an opportunity to comment on whether it was lawful.
“She has ordered them to perform their statutory functions in the way that she prescribes without affording anybody an opportunity to address her on the question of whether these orders are lawful and appropriate. These are orders out of the blue, seriously interfering with the exercise of the statutory, executive and constitutional powers of the president, the Speaker, the minister, the NDPP and the commissioner of police.”
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