Deputy DPP: Gordhan's appointment is President's prerogative

Pravin Gordhan returns as Public Enterprises Minister in President Cyril Ramaphosa's new Cabinet. Gordhan is fighting adverse findings against him by Public Protector Busisiwe Mkhwebane and is taking the decision on review. Deputy Public Protector Kevin Malunga discusses the issue. Courtesy #DStv403

Editor's note: Earlier, this article erroneously said that the Deputy Public Protector defended Gordhan's appointment to Cabinet. The article below has been amended. We apologise unreservedly for the error. You can watch the full interview above. 


JOHANNESBURG - Deputy Public Protector Kevin Malunga says it was the president's perogative to appoint Public Enterprises Minister Pravin Gordhan to Cabinet.

The Public Protector found that Gordhan acted unlawfully when he approved the early pension payout for former Revenue Service senior official, Ivan Pillay.

She urged President Cyril Ramaphosa to take appropriate disciplinary action against Gordhan.

Despite this, Gordhan was sworn in as the public enterprises minister on Thursday. 

READ: ANC responds to supposed complaint against Gordhan

Malunga says there's no criminal finding against Gordhan, and it's within his right to challenge the finding.

Gordhan is asking the North Gauteng High Court to review the Public Protector's report.

READ: Freedom Under Law says Gordhan is 'under attack'

Busisiwe Mkhwebane found him guilty of improper conduct and violating the Constitution.

"What we need to clarify is that this a very busy production line, six reports last week, the numbers are dizzying," Malunga explained.

"What needs to be clarified is that in the tenure of Madonsela, and I was there doing the same thing...the law was not clarified in terms of what happens when something like this happens."

"The President has the prerogative to include him, there is no criminal finding against Gordhan and he is challenging this which is within how the system works."

Former public Enterprises Minister, Pravin Gordhan, has filed papers at the North Gauteng high Court. He wants the court to set aside a finding by the Public Protector that he violated the Constitution by granting early retirement with full benefits to former SARS executive Ivan Pillay.


Paid Content