Public Protector Busisiwe Mkhwebane said on Wednesday she was preparing to respond to court papers on an urgent court application brought by President Cyril Ramaphosa over her remedial action on a Sars pension payment to its former commissioner.
Mkhwebane said her office would be filing responding court papers during the course of Wednesday.
She was in the Eastern Cape on a roadshow to follow up on progress on internal complaints resolution units.
Her remarks follow an urgent court application by Ramaphosa on Monday, seeking a declaration from court that he complied with the public protector’s remedial action against Public Enterprises Minister Pravin Gordhan on a matter that involves early retirement payment to former Sars Commissioner Ivan Pillay.
In her report released in May, Mkhwebane found Gordhan to have acted inappropriately during his time as finance minister when he approved an early retirement payout to Pillay.
She recommended that Ramaphosa take disciplinary action against Gordhan within 30 days.
At the end of that period Mkhwebane wrote to Ramaphosa and accused him of being in contempt of the office of the public protector for his failure to take action against Gordhan.
On Monday, Ramaphosa filed an urgent application seeking a court declaration that he has complied with the public protector’s remedial action by noting Mkhwebane’s report and the review application by Gordhan on this matter.
Speaking with African News Agency at Bhisho, Mkhwebane said: “We are studying the court papers, because it’s an urgent matter we should be responding today.”
Mkhwebane said no court interdict was lodged against her report on the pension matter, as was the case with her recent findings against Gordhan on the Sars rogue unit and the complaint of Ramaphosa misleading parliament.
“We issue the report for the president to act and it is supposed to be the affected minister who interdicts the implementation of the remedial action. We explained to the president that he was supposed to act because there was no interdict against that report, as minister [Gordhan] is doing now with the recent report on the Sars rogue unit,” said Mkhwebane.
Mkhwebane and her team’s roadshow included meeting with Provincial Speaker Helen August and members of the Eastern Cape legislature. They were to meet various communities at Dimbaza on Thursday.
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