Malema files ConCourt papers in bid to reverse Mkhwebane interdicts
The EFF leader wants the extent of public protector's powers clarified.
EFF Leader Julius Malema is seen at the North Gauteng High Court during the matter between Public Protector Busisiwe Mkhwebane and Public Enterprises Minister Pravin Gordhan, 23 July 2019, Pretoria. Picture: Jacques Nelles
Economic Freedom Fighters (EFF) leader Julius Malema has filed papers at the Constitutional Court, calling on it to set aside the High Court in Pretoria’s recent decisions to grant Minister of Public Enterprises Pravin Gordhan an interdict suspending the remedial action called for by Public Protector Busisiwe Mkhwebane in her report on the so-called Sars rogue unit.
Malema wants the apex court to give “urgent guidance” about this and other recent interim interdicts granted against the office of the public protector, seeking clarity on the extent of the chapter 9 institution’s powers.
In an affidavit filed on Tuesday, Malema says “interim interdicts against the public protector—at the behest of senior members of the executive — are a relative novelty”.
“In less than a month, the Gauteng division has granted two urgent interim interdicts against the public protector … more will probably follow. This court’s guidance is urgently needed,” Malema said.
On August 12, the High Court in Pretoria granted President Cyril Ramaphosa an urgent interim interdict on the implementation of remedial action stipulated by Mkhwebane in her report, which found he had misled parliament over Bosasa donations to his CR17 election campaign. The interdict application was unopposed by Mkhwebane.
READ MORE: Ramaphosa interdicts remedial action on Mkhwebane’s Bosasa report
The week before this, the same court ruled in Ramaphosa’s favour over a separate report from the office of the public protector, which found Gordhan had irregularly approved former Sars deputy commissioner Ivan Pillay’s early retirement.
Judge Lettie Molopa-Sethosa found Ramaphosa had behaved in a “rational and reasonable” way when he wrote to Mkhwebane saying he would not implement remedial action against Gordhan until the outcome of Gordhan’s review process against the report had been concluded.
This followed Gordhan on July 29 successfully interdicting Mkhwebane from enforcing the remedial action stipulated in yet another report, which found he had violated the constitution through his involvement in the “rogue unit” at Sars.
Judge Sulet Potterill found Gordhan’s legal team was correct in arguing that the harm to him would be irreparable if the interdict was not granted.
(Compiled by Daniel Friedman)
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