Will Mkhwebane's report stop Ramaphosa from appointing Gordhan?

Former public enterprises minister Pravin Gordhan in an affidavit says the timing of Public Protector Busisiwe Mkhwebane's report that found against him was part of an effort to empower proponents of state capture and was politically motivated.

Mkhwebane last Friday found Gordhan guilty of improper conduct regarding an early retirement payout of former South African Revenue Service deputy commissioner Ivan Pillay.

Read: Gordhan questions timing of Mkhwebane's report in affidavit

The former minister applied on Tuesday to have Mkhwebane' s report reviewed and set aside.

Melanie Rice, in for CapeTalk's Refilwe Moloto, chats to constitutional law expert Pierre de Vos about the battle between Gordhan and Mkhwebane.

At the heart of this is the logic that says Gordhan got legal advice from, I think, five different people and they all said what he was doing was legal, and she found that it was not legal.

Pierre de Vos, Constitutional law expert

Of course, Judge Nugent in his report found that it was legal; so the question is then if you disagree with the legal advice that you received, does that render you unfit to hold public office? Regardless of the technicalities, my answer would be 'no' because you have not done anything in bad faith.

Pierre de Vos, Constitutional law expert

De Vos says he does not know whether the action by Gordhan could lead to Mkhwebane losing her job as there are already other court findings that cited that the Public Protector misled the court.

Also read: Gordhan's lawyer: challenge to Mkhwebane submitted to courts on Tuesday.

There is already sufficient evidence from three different court judgments in which the court not only reviewed and set aside her reports but also said that she misled the courts and that there are suggestions of an ulterior purpose - and that she has no clue what her powers are and how to exercise them.

Pierre de Vos, Constitutional law expert

He adds that in terms of the law, President Cyril Ramaphosa has the power to do whatever he wants when it comes to Cabinet appointments.

He can appoint someone for a day or a week and then remove them, and that is his prerogative.

Pierre de Vos, Constitutional law expert

Listen below to the full interview:


This article first appeared on CapeTalk : Will Mkhwebane's report stop Ramaphosa from appointing Gordhan?


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