Public protector paying for ‘fishing expeditions’
‘Defeats show she is not good’
PUBLIC Protector advocate Busisiwe Mkhwebane took Minister Pravin Gordhan to task on “flimsy grounds” and she was paying the price for her hasty “fishing expeditions against him”.
Neeshan Balton, the executive director of the Ahmed Kathrada Foundation, was reacting after the North Gauteng High Court, in Pretoria, granted Gordhan an urgent application on Monday to suspend Mkhwebane’s remedial action against him, while he takes her findings on review.
The case relates to the alleged rogue unit set up at the SA Revenue Service (Sars) while Gordon was commissioner.
“The ruling in Gordhan’s favour was expected. And when they go back to court, she will lose,” Balton said.
“All these defeats are only showing Parliament and the rest of South Africa that she is not good. Questions need to be raised on her motives behind the report. And Parliament, upon asking those questions, must review her role as the public protector.”
Yashica Padia, of the Active Citizens Movement, said that while they welcomed the decision, Mkhwebane was unreasonable to insist that her proposed actions be carried out.
“Judge Sulet Potterill found that it defied logic to proceed with remedial action, when the report was the subject of judicial review.
“The conclusion by the judge is that the public protector’s orders in this case are vague, contradictory and/or nonsensical. While this is not an attack on the Office of the Public Protector, the current public protector, by her misguided decisions, is undermining the integrity of that office.”
Padia said it was critical that the Office of the Public Protector “restore its credibility amid such damning findings and incompetence”.
The convener of the Merebank Justice Network, Ashok Chandika, urged Mkhwebane to “come to her senses and abandon her ill-conceived strategy”.
He said the network believed she was a “seriously misguided and impaired individual” playing to the EFF gallery. He accused her of being captured.
“Taxpaying citizens are sick and tired of public officials who squander huge sums of money, energy and time with legal action between various arms of the state.
“There must be a re-prioritisation of criminal investigations to pursue the real crooks in our country. We urge the NPA (National Prosecuting Authority) and the Asset Forfeiture Unit to expedite their investigations into the VBS matter and other serious fraud cases such as Estina (dairy farm project).
“We repeat our call for Parliament to remove her urgently or that she comes to her senses and resigns.”
Gordhan’s legal counsel, Malatji & Co Attorneys, said the ruling was an important affirmation of his rights to procedural fairness.
Mkhwebane said she would appeal the judgment.
In Mkhwebane’s report released this month, she found Gordhan violated the Executive Members Ethics Act when he told Parliament he never met the Guptas.
She also found he was guilty of maladministration for his role in establishing an intelligence-gathering unit while he was the commissioner at Sars.
Mkhwebane ordered President Cyril Ramaphosa to discipline Gordhan within 30 days, for Speaker Thandi Modise to refer him to the joint committee on ethics and members’ interests, and for the SAPS and the NPA to investigate criminal charges against him and the Sars leadership that established the so-called rogue unit.
Before handing down judgment, Judge Potterill said there was no evidence of spying by the rogue unit and there was no need for urgent remedial action as the matter took place more than a decade ago.
She said that while the Office of the Public Protector would not suffer harm if the interdict was granted, Gordhan would be the one who suffered.
Meanwhile, the president of the Federation For Radical Economic Transformation has offered its support to Mkhwebane.
At a meeting at the Lavita Hotel on Durban’s North Beach on Tuesday, Malusi Zondi expressed concerned about the “attack” levelled against the Office of the Public Protector.
“We are concerned about this bullying of the Public Protector’s office through court… We note the abuse of (the) courts and process of judiciary review by people who were found wanting by the public protector and we wish to call on democracy-loving citizens to defend the Office of the Public Protector.”
Zondi said Gordhan had been found guilty by the report and the organisation would lend its support to Mkhwebane and her supporters.
“The judge seemed like she was only entertaining the white people. We are not picking on race, but Pravin Gordhan was found guilty by the report.”
He added that the judge’s statement that Mkhwebane was “nonsensical’, was deliberately saying she was not relevant.
“We strongly believe that her investigation was treated without any fear and we want to indicate that we support her.”