The Gauteng High Court has set aside Public Protector Busisiwe Mkhwebane's report, including its remedial action, into the early retirement of former SARS deputy commissioner Ivan Pillay.
The ruling this week is a victory for former finance minister Pravin Gordhan, who had applied to the court for the report to be reviewed and set aside on the basis that her conclusion on the matter was "irrational".
Her report found – among other things – that the allegation that Gordhan irregularly approved the early retirement of Pillay with full retirement benefits and his subsequent retention at SARS, was substantiated.
The PP further found in her report that Gordhan's conduct amounted to improper conduct as envisaged by the Public Protector Act.
In her remedial action, she recommended that the president take appropriate disciplinary action against Gordhan for failing to uphold the values and principles of public administration entrenched in Section 195 of the Constitution, and the duty conferred on members of Cabinet to act in accordance with the Constitution, in terms of Section 92(3)(a) of the Constitution.
The High Court declared that Mkhwebane's decision to exercise jurisdiction over the complaint was unlawful and invalid, and therefore set it aside.
More to follow.