Johannesburg – The Constitutional Court has dismissed an application from the EFF and the Public Protector Busisiwe Mkhwebane for leave to appeal in a case involving Public Enterprises Minister Pravin Gordhan.
“The test for interdicting the remedial actions in a report of the Public Protector was the test set out in OUTA. This test was correctly applied by the High Court and therefore leave to appeal on the merits is dismissed,” read a statement from the court.
“…Leave is granted to appeal certain aspects of the High Court’s costs order and the appeals of the EFF and Public Protector in this regard are upheld. ”
The interdict blocked remedial action against Gordhan relating to his conduct at SARS and in the national government.
The minister was granted an interdict suspending the implementation of the action, pending him taking the report on review.
The Public Protector said the Constitutional Court must give guidance on interim orders against her. The EFF is supporting her, saying she should be protected and a stricter test is required for interdicts against her.
