Will Mkhwebane's report stop Ramaphosa from appointing Gordhan?
Former public enterprises minister Pravin Gordhan in an affidavit says the timing of Public Protector Busisiwe Mkhwebane's report that found against him was part of an effort to empower proponents of state capture and was politically motivated.
Mkhwebane last Friday found Gordhan guilty of improper conduct regarding an early retirement payout of former South African Revenue Service deputy commissioner Ivan Pillay.
The former minister applied on Tuesday to have Mkhwebane' s report reviewed and set aside.
Melanie Rice, in for CapeTalk's Refilwe Moloto, chats to constitutional law expert Pierre de Vos about the battle between Gordhan and Mkhwebane.
At the heart of this is the logic that says Gordhan got legal advice from, I think, five different people and they all said what he was doing was legal, and she found that it was not legal.Pierre de Vos, Constitutional law expert
Of course, Judge Nugent in his report found that it was legal; so the question is then if you disagree with the legal advice that you received, does that render you unfit to hold public office? Regardless of the technicalities, my answer would be 'no' because you have not done anything in bad faith.Pierre de Vos, Constitutional law expert
De Vos says he does not know whether the action by Gordhan could lead to Mkhwebane losing her job as there are already other court findings that cited that the Public Protector misled the court.
There is already sufficient evidence from three different court judgments in which the court not only reviewed and set aside her reports but also said that she misled the courts and that there are suggestions of an ulterior purpose - and that she has no clue what her powers are and how to exercise them.Pierre de Vos, Constitutional law expert
He adds that in terms of the law, President Cyril Ramaphosa has the power to do whatever he wants when it comes to Cabinet appointments.
He can appoint someone for a day or a week and then remove them, and that is his prerogative.Pierre de Vos, Constitutional law expert
Listen below to the full interview:
DA leadership hopeful Mbali Ntuli speaks to CapeTalk's Lester Kiewit about her campaign to secure the party's top position.Read More
Health Minister Zweli Mkhize talks to Refilwe Moloto about the various provinces' constraints as the Covid-19 pandemic spikes.Read More
The Money Show’s Bruce Whitfield interviews columnist Tom Eaton about his new book, "Is it me, or is it getting hot in here?"Read More
The Money Show’s Bruce Whitfield interviews Kevin Lings, Chief Economist at Stanlib Asset Management.Read More
News24 editor-in-chief Adriaan Basson says groups like Afriforum and people like Helen Zille are "capitalising on white fears."Read More
Chief Justice Mogoeng Mogoeng has found that John Hlophe has a case to answer regarding his alleged assault of a fellow judge.Read More
Bruce Whitfield talks to amaBhungane investigative journalist Dewald van Rensburg, who extensively interviewed Matodzi.Read More
Sadsawu's Myrtle Witbooi explains many domestic workers aren't UIF registered and the direct contact number is hard to access.Read More
A video of City of Cape Town officials dragging naked Bulelani Qholani from his shack in the Mpolweni site went viral.Read More
SIU's Kaizer Kganyago says cases involve price gouging and procurement process irregularities in the health sector.Read More