Judge Kriegler: Public Protector has made a number of strategic mistakes

On Friday, Public Protector Busisiwe Mkhwebane released her report finding that Pravin Gordhan had acted improperly when he approved the early pension payout of former Sars deputy commissioner Ivan Pillay.

Mkhwebane wants the president to take disciplinary action against Gordhan for “violating the constitution”.

Chairperson of Freedom Under Law Judge Johann Kriegler talks to Kieno Kammies about the findings.

The events she is talking about took place ten years ago.

Judge Johann Kriegler, Chairperson - Freedom Under law

In addition, the events have been discussed, debated and decided on a number of occasions in a number of courts and later by the Nugent Commission.

What the Public Protector discovers and releases on the eve of the new Cabinet announcement is old hat and it is a dead hat.

Judge Johann Kriegler, Chairperson - Freedom Under law

The suggestion of the plan of early retirement and reemployment on the term contract is illegal and has been knocked on the head on a number of occasions.

Judge Johann Kriegler, Chairperson - Freedom Under law

He says there is nothing wrong or illegal about the scheme which was passed by the Sars legal officer.

Mr Gordhan acted on legal advice, and the suggestion that he acted unconstitutionally is just a weird fabrication.

Judge Johann Kriegler, Chairperson - Freedom Under law

Kriegler believes Mkhwebane has made a number of strategic mistakes.

I do believe she has either taken the wrong advice, or has refused to take the right advice or, and I hate to contemplate this, that she is acting in bad faith.

Judge Johann Kriegler, Chairperson - Freedom Under law

There is a strategically wrong direction taken.

Judge Johann Kriegler, Chairperson - Freedom Under law

Take a listen to the interview below:


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