EFF To Appeal High Court Ruling In Favour Of Gordhan At Constitutional Court

The EFF says it will approach the Constitutional Court to appeal the interdict of the public protector’s remedial action against Pravin Gordhan.

The High Court in Pretoria ruled earlier in favor of Public Enterprises Minister and suspended the enforcement of the remedial action in relation to the Public Protector’s South African Revenue Service (SARS) so-called ‘rouge unit’ report.

“The remedial orders in paragraph 8 of the Public Protector’s report are suspended pending the final determination of part B of this application. The Public Protector or the office of the Public Protector are interdicted from enforcing the remedial orders, pending the final determination of part B.”

Judge Sulet Potterill

Gordhan, supported by President Cyril Ramaphosa, brought the application on an urgent basis last week.

Advocate Busisiwe Mkhwebane had ordered the president to initiate disciplinary steps against the minister within 30 days of the release of the report, which was earlier this month.

Judge Sulet Potterill found Gordhan had met the requirements for an interim interdict to be granted.

The EFF said the pronouncement was expected, adding that is why they had said they will seek relief from ConstitutionaL Court even before Judge Potterill’s ruling.

The EFF added that they noted Judge Potterill’s irritation when “black lawyers” were addressing the court, giving a sense that “those black lawyers did not belong in court.”

The Public Protector, said through her spokesperson Oupa Segalwe, that they are disappointed the court did not deal with with allegations by Gordhan that Mkhwebane is working with state capture fightback operatives.

Potterill also slapped the Public Protector and the EFF with a costs order.

“The first, second and tenth respondents, jointly and severally, pay the applicant, eighth respondent and ninth respondent’s costs, which includes the costs upon the employment of two counsel.”

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