Court rules in favour of Gordhan, Mkhwebane slapped with cost order

The Pretoria High Court on Monday ruled in favour in favour of Public Enterprises Minister Pravin Gordhan.

The court has suspended the enforcement of the remedial action in relation to Public Protector Busisiwe Mkhwebane's South African Revenue Service (Sars) rogue-unit investigation, pending a review.

RELATED: Mkhwebane to oppose Gordhan’s court bid to set aside her report on rogue unit

Mkhwebane found that Gordhan violated the Constitution by establishing the investigative unit saying it was illegal.

Then Gordhan applied for an urgent interdict after Mkhwebane instructed President Cyril Ramaphosa to initiate disciplinary hearings against the minister within 30 days of that report.

RELATED: Gordhan has no option but to interdict Mkhwebane's report - lawyer

Mkhwebane also gave National Assembly Speaker Thandi Modise 14 days to refer Gordhan to the ethics committee for violating executives members ethics code.

To discuss the court judgment, Clement Manyathela on the Xolani Gwala Show chats to EWN reporter Barry Bateman.

Judge Sulet Potterill essentially found that all the requirements that needed to be met in order to grant an interim order have been met by Gordhan. This relates to him showing that he has a prima facie right in terms of the various aspects of Mkhwebane's report which he is challenging.

Barry Bateman, Reporter - EWN

Bateman says Judge Potterill added that the remedial action that was ordered which include the disciplinary hearing, that could result in Gordhan being fired as a minister, could cause reputable harm to the minister.

However, there is no harm that could be caused to Mkhwebane by having the remedial action delayed until the matter is finally adjudicated, he notes.

Not only has the court ruled in favour of Gordhan, but it has also slapped Mkhwebane and the Economic Freedom Fighters with a cost order.

Barry Bateman, Reporter - EWN

Listen below to the full interview:


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