Public Protector loses again in court as Ramaphosa makes his case
President Cyril Ramaphosa has won his fight against public protector Busisiwe Mkhwebane.
The North Gauteng High Court on Thursday ruled that the president complied with the remedial action prescribed in her report on minister Pravin Gordhan.
Judge Lettie Molopa-Sethosa said on Thursday that in her view President Cyril Ramaphosa acted reasonably and rationally in dealing with the Public Protector report on public enterprises minister Pravin Gordhan.
Delivering judgment in Pretoria‚ she added that it’s “mind boggling” that the PP Busisiwe Mkhwebane did not consent to the stay of the remedial action pending the outcome of the review.
Ramaphosa‚ the judge said‚ was constitutionally bound to treat Minister Gordhan fairly.
The public protector urged Ramaphosa in May to take appropriate action against Gordhan‚ after she found that Gordhan had unlawfully approved the early retirement of former senior revenue service (Sars) official Ivan Pillay in 2010.
Gordhan was finance minister at the time.
After early retirement was granted‚ SARS reappointed Pillay in the same position on a fixed-term contract.
The remedial action by the public protector required Ramaphosa to take appropriate disciplinary action against Gordhan for violating the constitution.
However‚ the president signalled he is awaiting finalisation of a judicial review brought by Gordhan against the public protector's report before he deliberates on taking action against Gordhan.