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'EFF attack on good faith of court is extremely dangerous and deplorable'

30 July 2019 8:24 AM
Tags:
Pravin Gordhan
Public Protector
Advocate Busiswe Mkhwebane
Former ConCourt Justice, Johan Kriegler analyses Public Protector's intention to appeal the interdict granted to Pravin Gordhan.

Public Protector Busisiwe Mkhwebane has expressed disappointment at Monday’s ruling by Judge Sulet Potterill of the North Gauteng High Court in the case brought by Minister of Public Enterprises, Mr. Pravin Gordhan, against her office.

Monday's judgment was handed down in the Gauteng High Court which effectively suspended the enforcement of the remedial action in the report Public Protector's report into the unit.

Kieno Kammies speaks to former Constitutional Court Justice, Judge Johan Kriegler of Freedom Under Law about the Public Protector's intention to appeal the interdict granted to Public Enterprises Minister Pravin Gordhan.

The EFF is behaving in a manner which is devaluing, delegitimising and breaking down the authority of the courts also now. That is an extremely dangerous and deplorable line to be adopting.

Judge Johann Kriegler, Chairperson - Freedom Under law

If you go to court, you win or you lose. If you lose you can go on appeal.

Judge Johann Kriegler, Chairperson - Freedom Under law

It is not proper or responsible for a political party to attack the good faith of the court on a racial basis, that is destroying our ability to be able to live with one another.

Judge Johann Kriegler, Chairperson - Freedom Under law

He says sound logical arguments rather than anger would be a far better path for a political party such as the EFF to take.

He believes there is more to the party than just race-baiters and name-callers, arguing there are some good people within the EFF who have made positive contributions to the debates.

Regarding Monday's outcome, Kriegler says it is not proper for a judge to comment on a judgment that is on appeal.

But if you are going to ask for an urgent interdict against somebody, you have to persuade the court that you will suffer irreparable harm.

Judge Johann Kriegler, Chairperson - Freedom Under law

He says Judge Potterill had to deal with the merits of the attack on the so-called Sars rogue unit and he sees nothing wrong in that.

To criticise her on that basis is legally not justifiable.

Judge Johann Kriegler, Chairperson - Freedom Under law

Listen to Judge Kriegler's views below:


30 July 2019 8:24 AM
Tags:
Pravin Gordhan
Public Protector
Advocate Busiswe Mkhwebane

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