Gordhan's lawyer wants Mkhwebane to supply proof of 'special circumstances'

Pravin Gordhan’s legal team has called on the Public Protector to set out the special circumstances she’s invoking to investigate allegations of improper conduct and violation of the Executive Ethics Code against the Public Enterprises minister.

A seven-day extension has been granted to Public Enterprises Minister Pravin Gordhan to submit an affidavit relating to the so-called rogue unit at the South African Revenue Service.

Public Protector Busisiwe Mkhwebane has granted this extension following a request by Gordhan.

The investigation is into allegations of improper conduct, a violation of the Executive Ethics Code, irregular and unlawful activities by Minister Gordhan.

Gordhan's lawyer Tebogo Malatji speaks to CapeTalk's Kieno Kammies about challenging Mkhwebane to provide proof about collusion on Gordhan’s part and why he is referred to as an implicated party.

Malatji notes that there has been much public reporting on what has been referred to as the 'high-risk investigating unit' at Sars to target the illicit economy.

The establishment of that unit has been subject to a number of reviews...The result is that there has been no wrongdoing of any sort.

Tebogo Malatji, Lawyer for Pravin Gordhan

He refers to Mkhwebane's office's mandate to look into any complaints where it is argued there are 'special circumstances'.

Our first bone of contention is that there are no such special circumstances, and if there are, then she must share them with us. We have not received that.

Tebogo Malatji, Lawyer for Pravin Gordhan

Secondly, tight deadlines established by her office have been impossible to meet, argues Malatji.

He is facing a fourth probe effectively into the same issue.

Tebogo Malatji, Lawyer for Pravin Gordhan

The initial complaint was made two years ago.

For us, it is a matter of fact. She has a complaint, and as a matter of law, she has to configure the complaint.

Tebogo Malatji, Lawyer for Pravin Gordhan

Mkhwebane has accused Gordhan of being involved in a co-ordinated effort

Minister has had no dealing with officials at Sars. Mkhwebane's statement has no basis in fact.

Tebogo Malatji, Lawyer for Pravin Gordhan

Listen to the interview below:


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