South Africa: Mkhwebane Interdicted, Court Rules in Favour of Gordhan

Left: Public Enterprises Minister Pravin Gordhan. Top-right: Public Protector Busisiwe Mkhwebane. Bottom-right: Gauteng High Court building.
29 July 2019

Cape Town — The North Gauteng High Court has granted Public Enterprises Minister Pravin Gordhan an interdict, allowing him to avert the remedial action recommended by Public Protector Busisiwe Mkhwebane, Fin24 reports. Judge Sulet Potterill handed down the ruling.

Mkhwebane's report, which was released earlier in July, found that the establishment of the intelligence unit during Gordhan's tenure as South African Revenue Service commissioner was in violation of the country's legislation and called on President Cyril Ramaphosa to take disciplinary action against Gordhan within 30 of the release of the report.

Gordhan argued that the remedial action recommended by Mkhwebane interfered with the exercise of statutory and constitutional powers and that it should be tested in a judicial review, writes City Press.

While handing down judgment, Judge Potterill described Mkhwebane's remedial action orders as "vague, contradictory and nonsensical", adding that Gordhan had established a prima facie case to have the interdict granted. The Economic Freedom Fighters announced that they will approach the Constitutional Court to appeal Gordhan's interdict.

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