'Mkhwebane got it wrong in fact and in law,' says Gordhan's lawyer

Public Protector Busiswe Mkhwebane on Friday found former Public Enterprises Minister Pravin Gordhan guilty of improper conduct.

The report is regarding an early retirement payout for former South African Revenue Service deputy commissioner Ivan Pillay.

Read: Public Protector finds Gordhan guilty over SARS retirement payout

Bongani Bingwa speaks to Gordhan's lawyer Tebogo Malatji.

Malatji questions the timing of Mkhwebane's report, citing that she got it wrong, in fact, and in law.

Our concern is that two days to consider submissions on what is quite a complex matter seems to us to be insufficient and we say it has been done in haste.

Tebogo Malatji, Pravin Gordhan's lawyer

He says in their submissions to Mkhwebane, they cited that Mr Pillay did retire, thus arguing she got that decision wrong.

In terms of applicable legislation, he did retire, but most importantly, in law, we say all ministers are given the authority to consider applications for early retirement which would otherwise attract adverse consequences. The employer must then carry an actual deficit of the pension fund. Ministers are given the power to exercise their discretion on whether the employer must carry that actual deficit or not.

Tebogo Malatji, Pravin Gordhan's lawyer

Malatji says Mkhwebanethe minister, therefore, did have the power to do so and Mkhwebane was incorrect in her findings.

On merit, aside from the timing, we have challenges with her decision.

Tebogo Malatji, Pravin Gordhan's lawyer

Listen below to the full interview:


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