South Africa: Administrative Root Canal - Pravin Gordhan Tells Court of Struggle to Extract Record From Busisiwe Mkhwebane


It took 49 days and repeated requests for Pravin Gordhan's legal team to extract evidence and documents Public Protector Busisiwe Mkhwebane had relied on to make adverse findings against him in her July 2019 report. The public protector eventually drip-fed 2,500 pages -- and there still appear to be gaping holes.

There is this rule in law, Rule 53, which compels decision-makers who have executive power and who find their decisions subject to judicial review, to produce a record of how they came to make their findings in the first place.

It's administrative justice 101.

If you are going to find someone guilty, bring the evidence and reveal the entire record of how you conducted the investigation. That's why the Promotion of Administrative Justice Act 3 of 2000 (PAJA) exists. It was promulgated to prevent the abuse of the law and to protect individuals in their dealings with government or those who act on its behalf.

A supplementary affidavit filed by Minister of Public Enterprises, Pravin Gordhan, with the High Court Gauteng Division on Monday, 7 October 2019 in the ongoing matter to review findings by the public protector, sets out tortuous attempts to obtain the record.

Briefly, on 5...

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