ConCourt hears arguments in legal battle between Gordhan, Mkhwebane

On Thursday the Constitutional Court heard arguments around the power of courts to suspend the implementation of remedial action ordered by the Public Protector.

The apex court was approached by the Economic Freedom Fighters (EFF) and Public Protector Busisiwe Mkhwebane after a ruling against them by the High Court in Pretoria.

The High Court had granted Pravin Gordhan and President Cyril Ramaphosa an interim interdict against the remedial action Mkhwebane instructed Ramaphosa to take against the Minister of Public Enterprises.

The matter relates to the establishment of the so-called "rogue unit" within the South African Revenue Service (Sars).

RELATED: 'Recordings prove Moyane knew SARS unit wasn't rogue'

702's Joanne Joseph gets clarity from Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance at the University of Cape Town (UCT).

The constitutional law expert says at the heart of the case is the question of when a lower court should grant an interdict to halt the implementation of the Public Protector's remedial action, which is binding.

Is there a situation where the court will actually undermine the Public Protector if they give an interdict, or the opposite argument: What happens if the remedial action is implemented while there is a court case going on and then the case reviews and sets aside the remedial action, but then all the remedial action has already been implemented with negative impact on those affected?

Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance - UCT

Professor de Vos says it is not an easy matter to decide.

Just because the judge has asked certain questions during the hearing doesn't mean that they will come out in a specific way. But judged by questions asked today, much more difficult questions were asked of the EFF and the Public Protector's lawyers than of the president and Mr Gordhan's lawyers.

Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance - UCT

They were asking what exactly would be the harm to the Public Protector if she just waited until such time as the court case reviewing and deciding whether to set aside her report has been finalised.

Pierre de Vos, Claude Leon Foundation chair in Constitutional Governance - UCT

For more detail, take a listen to the audio in the clip below:


Recommended

by NEWSROOM AI
Read More
SA model and lawyer Thando Hopa to deliver a talk at World Economic Forum 2020

SA model and lawyer Thando Hopa to deliver a talk at World Economic Forum 2020

Hopa spoke to Joanne Joseph on the Afternoon Drive to give listeners an idea of some of the issues she will be tackling.

Discovery Vitality team going the extra mile to fix rewards point system

Discovery Vitality team going the extra mile to fix rewards point system

Discovery Vitality CEO Dinesh Govender says it has faced some technical issues with its revamp.

[LISTEN] Insurers now using drones to asses damages and claims

[LISTEN] Insurers now using drones to asses damages and claims

Joanne Joseph spoke to Old Mutual Insure's executive for High-Net-Worth Solutions Christelle Colman to find out more.

Mamelodi's first of its kind black-owned private clinic

Mamelodi's first of its kind black-owned private clinic

Co-founder Mabu Sekhaolelo says the clinic aims to help patients who want to avoid long queues or have time constraints.

[LISTEN] Putting two versions of Deloitte deals at Eskom under a microscope

[LISTEN] Putting two versions of Deloitte deals at Eskom under a microscope

Susan Comrie reports on how the firm received two consulting contracts at Eskom where it partnered with auditing firm Nkonki Inc.

House of Representatives to send Trump impeachment charges to Senate

House of Representatives to send Trump impeachment charges to Senate

The chamber will ponder over whether President Donald Trump should be removed from office, and for a resulting trial to begin.

Popular articles
[VIDEO] Family saved from being hit by speeding SUV goes viral

[VIDEO] Family saved from being hit by speeding SUV goes viral

Khabazela shares tweets and Facebook posts that have gone viral.