Mixed reactions as Public Protector loses another legal battle

By Doug Mattushek - 09 August 2019Views : 2726

The Pretoria High Court's decision saw the Public Protector lose yet another legal challenge.

This has garnered mixed reactions as the Presidency welcomes the decision whilst the office of Advocate Busisiwe Mkhwebane's office disagrees with the judgement.

However the Economic Freedom Fighters said it would appeal the ruling. The matter relates to the pension pay-out to former South African Revenue Services (SARS) deputy commissioner Ivan Pillay, who took early retirement.

Pillay was later re-hired on a fixed-term contract in the same position.

The Public Protector had found that Minister Pravin Gordhan had unlawfully and improperly approved Pillay's pay-out and recommended that action be taken against the minister.

After hearing the court's judgement, the presidency said that the decision taken by Judge Letty Molopa-Sethosa ruled that President Cyril Ramaphosa complied with the remedial action, had brought certainty.

ALSO READ: Judge rules in Ramaphosa's favour regarding Public Protector

Albert Mhlongo, who is the Public Protector's legal adviser disagreed.

"The relief that the president wanted to interdict himself from executing his constitutional obligation , was relief that was not provided for in our law, there is no basis for it, it's a legal anomaly".

Meanwhile, the EFF's Mbuyiseni Ndlozi said that the party would appeal the judgement as well as an earlier one delivered by Judge Sulet Potterill.

Adding that he believed the "two judgements went against the tide of an established principle by the Constitutional Court".

Judge Molopa-Sethosa expressed that Ramaphosa would decide what action to take depending on the outcome of Minister Gordhan's legal challenge with the Public Protector on the matter.