Mboweni off to court, Mkhwebane to write a letter over DG's traffic offence

Finance minister Tito Mboweni has filed court papers to review and set aside public protector Busisiwe Mkhwebane's findings against Treasury's director-general Dondo Mogajane.

Mboweni filed the application at the North Gauteng High Court.

Mkhwebane, in a report last year, said that Mogajane had lied about having a criminal conviction when applying for the position. She recommended that remedial action be taken.

However, two weeks ago Mboweni expressed his lack of confidence in Mkhwebane while responding to a question during a pre-budget media briefing.

During the briefing, Mboweni affirmed that he still had full confidence in Mogajane, and intended to take Mkhwebane's findings against Mogajane – who failed to disclose a criminal conviction when applying for his job – on judicial review.

In her report, Mkhwebane found that Mogajane had failed to declare a traffic offence conviction when he was being considered for the position of treasury director-general.

Mkhwebane hit back at Mboweni, saying that she would be writing to President Cyril Ramaphosa and parliamentary speaker Baleka Mbete to "report ministers who interfere with the functioning of her office in violation of the constitution".

A statement released by Treasury on Friday said Mkhwebane's findings were arbitrary and irrational.

Mboweni argued that Mkhwebane's remedial action was "inappropriate in that it infringes the doctrine of separation of powers".