Gordhan's lawyer: challenge to Mkhwebane submitted to courts on Tuesday.

Public Protector Busisiwe Mkhwebane has been publically criticised for choosing a crucial time in which the president is expected to announce his Cabinet, to re-open an investigation into the alleged wrongdoing of Minister Pravin Gordhan.

In her report released on Friday, the Public Protector found that, while the minister of finance in 2010, Gordhan violated the Constitution by approving former Sars deputy commissioner Ivan Pillay’s early retirement with full pension benefits.

Pravin Gordhan's lawyer, Tebogo Malatji says the remedial actions stated in the report don't make sense because President Cyril Ramaphosa has been asked to take disciplinary actions but Gordhan is currently not in office.

Read: Mkhwebane got it wrong in fact and in law,' says Gordhan's lawyer

The president has been asked to do what is legally impossible.

Tebogo Malatji, Lawyer - Gildenhuys Malatji

We all know that Gordhan no longer serves as minister, so effectively that remedial action means that the president should not appoint the minister. That's how we are interpreting it...

Tebogo Malatji, Lawyer - Gildenhuys Malatji

Malatji says Mkhwebane hasn't applied herself and 'got her decision wrong in law and in fact'.

She got it all wrong and high authority will have to determine whether she has or not and that's the court.

Tebogo Malatji, Lawyer - Gildenhuys Malatji

Malatji says Gordhan has signed off court papers to challenge Mkhwebane's decision which will be submitted to the courts on Tuesday.

To hear the rest of the conversation, listen below:


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