JOHANNESBURG - President Ramaphosa could still appoint Pravin Gordhan to his Cabinet despite an adverse Public Protector finding against him.
In her report last Friday, Advocate Busisiwe Mkhwebane directed the president to take disciplinary action against Gordhan, for granting former SARS deputy commissioner Ivan Pillay early retirement in August 2010.
This prompted speculation as to whether the president can still appoint Gordhan to his executive.
Gordhan has indicated he will institute immediate review proceedings against the Public Protector's report and findings, including the proposed remedial action.
Legal expert Advocate Paul Hoffman explains how Ramaphosa can justify making Gordhan a minister again.
"The rule of law requires him (Ramaphosa) to act rationally and within the parametres of legality in making the choices of Cabinet members... In as much that there's no finding impugning the integrity of Minister Gordhan, he is an eligible candidate for selection as a member of the new sixth Parliament Cabinet," said Adv Hoffman.
Adv Hoffman said the worst thing that can happen if Gordhan's review was unsuccessful is that Ramaphosa will have to decide what disciplinary action to take against Gordhan.
"As I have suggested the appropriate step would be a gentle reprimand which is what Jacob Zuma did with the Cabinet ministers who messed up while he was president," he said.
Ramaphosa is expected to announce his Cabinet this week.