President Cyril Ramaphosa has told the Public Protector it would be "inappropriate" to take disciplinary action against Pravin Gordhan in light of the public enterprises minister's application for a review of her findings against him.
Busisiwe Mkhwebane has accused Rampahosa of failing to uphold the Constitution, for not immediately implementing her findings against the public enterprises minister.
There is a distinction that must be drawn between an appeal and a review which is why we have advised the President to apply for an interdict on the application of the report.— Oupa Segwale, Spokesperson - Office of the Public Protector
In her investigation into the early pension payout for former South African Revenue Service deputy commissioner Ivan Pillay in 2010, the Public Protector found Gordhan had violated the Constitution by irregularly approving it during his time as finance minister.
She recommended that the president take "appropriate, disciplinary action" against Gordhan.
The Constitutional Court says the public protector's remedial action is binding unless set aside by a court of law. As we speak now, there is no court decision setting aside that remedial action.— Oupa Segwale, Spokesperson - Office of the Public Protector
Obtain an interdict and then you can rest assured you have acted in accordance with the law.— Oupa Segwale, Spokesperson - Office of the Public Protector
But Presidency spokesperson Khusela Diko says the president has complied with Mkwebane's findings.
He (Ramaphosa) says we need to have legal certainty on what appropriate disciplinary action can and should be.— Khusela Diko, Spokesperson - The Presidency
She hasn't given the president a deadline for when the appropriate disciplinary action must be taken.— Khusela Diko, Spokesperson - The Presidency
On Tuesday Economic Freedom Fighters leader Julius Malema said Ramaphosa’s decision not to act on the Public Protector's findings against Gordhan was a direct insult to the Constitution.
Listen to the full interview below: