Wednesday, 21 August 2019 19:13

The Public protector Busisiwe Mkhwebane said the court ruling that suspended her order that President Cyril Ramaphosa take disciplinary action against Minister of Public Enterprises Pravin Gordhan over the SA Revenue Service (Sars) “rogue unit” will “create unbearable conditions” for the functioning of her office and she wants the Constitutional Court to urgently set it aside.

In July, Pravin Gordhan won an urgent interdict to suspend the remedial action against him, while he seeks a full judicial review.

In the papers filed to the apex court, Mkhwebane argues that the High Court order was "granted erroneously and is bad in law" and that it will "create unbearable conditions for the effective functioning of the Public Protector". She wants the order to be set aside.

She argued it was appropriate to go straight to the highest court in the land because the ConCourt would give guidance on what circumstances would justify suspending a constitutional remedy directed at curing government maladministration.

She further states that the ruling has the power to potential to "strip the Public Protector of the support and assistance necessary to promote constitutional governance".