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Mkhwebane and Ramaphosa in a stand-off over Gordhan
The president's position on the matter has prompted the public protector to accuse him of failing to uphold the constitution.
Cyril Ramaphosa (picture: Siyabulela Duda) and Busisiwe Mkhwebane (Picture: Jacques Nelles)
Public Protector Busisiwe Mkhwebane wants her remedial action against Minister of Public Enterprises Pravin Gordhan instituted and President Cyril Ramaphosa wants to wait for the outcome to Gordhan’s challenge of her finding before taking action.
Ramaphosa’s position on the matter has prompted Mkhwebane to accuse him of failing to uphold the constitution.
Earlier this year, Mkhwebane released a report finding that Gordhan irregularly approved the early retirement of Ivan Pillay from the South African Revenue Service (Sars) while finance minister.
In her report, the public protector directed Ramaphosa to “take appropriate disciplinary action” against Gordhan, finding that his approval of Pillay’s retirement amounted to “improper conduct” and was a violation of the constitution.
The commissioner of Sars at the time, Oupa Magashule, was directed to “set in motion steps to recover the money” paid by Sars on behalf of Pillay.
Sars was also expected to introduce “regulations, policies, and practices which are clear and unambiguous relating to early retirement and staff retention”.
Speaking through his lawyer, Tebogo Malatji, Gordhan slammed Mkhwebane’s findings, adding that he took issue with both the haste and the timing of the release of the report.
“The complaint involves complex considerations of pension fund laws in as far they relate to public servants. It is doubtful whether due consideration was given to Minister Gordhan’s submissions,” Malatji said in a statement.
“The haste and the timing of the public protector shows a complete disregard for an important constitutional event for our country, the inauguration of the president of the Republic of South Africa.”
Malatji said he and senior counsel had advised Gordhan that the “the public protector’s findings are totally wrong both in fact and in law. Our submissions to her office, dated 22 May 2019, seem not to have been taken into account” and that Mkhwebane announced her findings a little under 48 hours after it had been received.
Gordhan challenged her findings on those grounds in May and asked the High Court in Pretoria to set aside her report.
RELATED: Gordhan files review application for Mkhwebane’s report
According to Business Day, Mkhwebane recently sent a letter, dated June 26 which the publication has seen stating: “I can deduce that the decision not to implement was a foregone conclusion as it is merely based on Mr Gordhan’s assertions, nothing else.”
Ramaphosa’s office maintains that his decision to wait for the outcomes of Gordhan’s requested review is the right decision to take.
Presidential spokesperson Khusela Diko told the publication: “We believe that our proposed course of action is appropriate in the circumstances and that any further decisions in this regard would be taken once Minister Gordhan’s review of the report is completed.”
Mkhwebane remains adamant that Gordhan’s legal action does not prevent Ramaphosa from implementing her remedial action.
READ NEXT: Mkhwebane under the cosh as ex-Sars duo set ultimatum
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