ConCourt dismisses EFF, PP appeal

Constitutional Court

File: The Constitutional Court has dismissed an application from the EFF and Public Protector Busisiwe Mkhwebane for leave to appeal in a case involving Public Enterprises Minister Pravin Gordhan.

Sethembiso Zulu / eNCA

JOHANNESBURG - The Constitutional Court has dismissed an application from the EFF and Public Protector Busisiwe Mkhwebane for leave to appeal in a case involving Public Enterprises Minister Pravin Gordhan.

The Constitutional Court ruled that there is no special test that’s required for interim interdicts to be granted. 

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"The test for interdicting the remedial action 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," a statement from the Court read.

"...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 the minister relating to his conduct at SARS and in the national government.

WATCH: Gordhan, Mkhwebane face off in court

Gordhan was granted an interdict suspending the implementation of the action, pending him taking the report on review.

The Public Protector says the Constitutional Court must give guidance on interim orders against her.

The EFF is supporting the Public Protector, saying she should be protected and a stricter test is required for interdicts against her.

Source
eNCA