South Africa: Gordhan files review application, asks court to set aside Mkhwebane's report By News24
In addition he will also ask the court for a declaratory order that Mkhwebane, who has had two reports set aside by the High Court already, did not act in accordance with the Constitution or the Public Protector Act.In a notice of motion lodged at the court Gordhan’s attorneys say he will ask the court to set aside both Mkhwebane’s decision to investigate and the subsequent report as “unconstitutional, unlawful, irrational and invalid”.
The North Gauteng High Court last week also set aside Mkwebane’s report into the Estina dairy project, a major site of state capture, severely criticising her investigation as flawed and inadequate. In her report about the Pillay pension issue Mkhwebane found that Gordhan flouted the law, procedure and the Constitution in approving Pillay’s application for early retirement with full benefits. She found that Gordhan did not have the legal authority to grant early retirement with full benefits and that he used the wrong legal provisions in doing so.
The complaint was lodged by an anonymous person on 18 November 2016, days after charges relating to the pension arrangement against Gordhan, Pillay and Magashula were dropped and Mkhwebane succeeded Thuli Madonsela as public protector.
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