THE battle between the Public Protector Busisiwe Mkhwebane and the Minister of Public Enterprise Pravin Gordhan continued in the North Gauteng High Court on Wednesday.
Gordhan made a court application to review and set aside Mkhwebane’s report on the early retirement pay-out of former SARS deputy commissioner, Ivan Pillay.
The High Court heard that the findings by Mkhwebane were irrational.
In the report she released last year, Mkhwebane made adverse findings against Gordhan, former SARS deputy commissioner, Ivan Pillay and former SARS commissioner, Oupa Magashula.
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As part of her remedial action, the public protector ordered President Cyril Ramaphosa, the Speaker of the National Assembly, the Minister of State Security, the National Director of Public Prosecutions, the Commissioner of the South African Police Services and the Inspector-General of Intelligence (IGI) to take disciplinary steps against Gordhan..
In court the legal representative for Minister Pravin Gordhan, Wim Trengove, argued that Mkhwebane’s findings that Gordhan contravened the constitution were irrational.
He also challenged the Public Protector to tell the court which provision of the constitution Gordhan contravened.
He submitted that Gordhan consulted with six experts over a period of two months, that told him that it would be lawful for him to approve Pillays retirement package.
"We submit that the decision was a model of executive decision making," he said.
Trengove argued that the Gorhan’s role in the matter was limited and was to permit the early retirement with full benefits.
“The decision Minister Gordhan made in this case was a model of executive decision making. “If only our public officials were to be as careful and circumspect and transparent as the minister was in this case," said Trengrove.
Representing Mkhwebane, Advocate Dali Mpofu, who told the court that on the facts of this particular case, the errors of law they point to, actually do amount to improper conduct.
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He argued that the review application constitutes an abuse of the court process.
He said the tone used by Gordhan on the application was unnecessarily insulting, combative, rude and condescending to Mkhwebane.
"Section 9 of the Public Protector Act says No person shall insult the Public Protector or the deputy Public Protector."
"Any person that contravene this act and any person shall be liable to fine not exceeding R40000 or imprisonments for a period not exceeding 12 months," said Mpofu.
The court was adjourned for Thursday.
