The North Gauteng high court has dismissed Busisiwe Mkhwebane’s application to appeal a judgment overturning her report on Pravin Gordhan’s decision to grant Ivan Pillay early retirement, ruling that it had no prospects of success.that found her report was irrational and that she did not have a full grasp of the law.
The public enterprises minister had accused Mkhwebane of waging a political campaign against opponents of state capture and claimed she was not fit to hold office. In its December ruling, the North Gauteng high court noted that multiple applications and counter applications were launched in the court proceedings by Gordhan and Pillay on the one side and Mkhwebane on the other.
Gordhan and Pillay had challenged Mkhwebane’s report on both its legality, on the grounds of irrationality, and, alternatively, on the grounds of the Promotion of Administrative Justice Act . “We are therefore of the view that there are no reasonable prospects of success of the appeal,” ruled Judges Elizabeth Kubushi, Mpostoli Twala and Norman Davis on Wednesday.
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