Public Protector's Office: 'Judge effectively tied the hands of review court'

Public Protector Busisiwe Mkhwebane has expressed disappointment at a judgment suspending the enforcement of the remedial action against Minister Pravin Gordhan in relation to the South African Revenue Service (Sars) rogue-unit investigation, pending a review.

Mkhwebane is set to appeal the court order.

In a statement on Monday evening, Mkhwebane said that Pretoria high court Judge Suret Potterill overreached by pronouncing on matters that were not put before her.

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

Communications Manager at the Public Protector's office, Oupa Segalwe explains.

She [Judge Suret Potterill] dealt with matters that were supposed to be addressed by the review court. For example, she made pronouncements on what her views are in so far as the whole issue about Mr Pillay's qualifications and his appointment...

Oupa Segalwe, Spokesperson - Public Protector’s Office

She did not deal with the issues that were before her because what was before her was to decide whether or not to grant the interdict, not to deal with the merits of the review process. As we stand, we do not know whether there is a need for us to continue litigating with regard to the review because she has effectively tied the hands of the review court to follow what she said.

Oupa Segalwe, Spokesperson - Public Protector’s Office

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