Ramaphosa‚ in his response to Mkhwebane maintained that "no deadline was given by when such 'appropriate disciplinary action' should be taken".
Diko said Ramaphosa had complied with Mkhwebane's report‚ albeit not to the letter owing to the pending conclusion of the high court application brought by Gordhan.
"The president explained that there was a dispute pending before the high court over the legality of the findings on which to base the recommended disciplinary action. Furthermore‚ this dispute legally challenged the president’s alleged power to exercise such disciplinary action‚" said Diko.
"In the event‚ the president submitted to the public protector that the process of taking appropriate disciplinary action against Minister Gordhan would best be served by waiting until the legal processes of his review proceedings were concluded.
"The president therefore indicated to the public protector his intention to defer his decision on what disciplinary action if any to take against Minister Gordhan until final determination of the minister’s review application‚" Diko said.
"President Ramaphosa said that having considered the public protector’s findings against Minister Gordhan as well as the minister’s challenges to those findings in his review application‚ it would be inappropriate to take disciplinary action against Minister Gordhan at this point."