OPINIONISTA: Gordhan vs Mkhwebane: The consequences will be serious

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OPINIONISTA: Gordhan vs Mkhwebane: The consequences will be serious By Professor Balthazar

This column is based on one key assumption — that all in this country are equally subject to the rule of law.

Indeed, thanks to the Constitutional Court judgment in the Nkandla case, the Public Protector has been elevated to the most powerful office in the constitutional scheme. The wide scope that the Public Protector has, thanks to the Nkandla judgment, imposes significant duties of care upon her office. In her report on the Minister of Public Enterprises, she has gone to great lengths, subsequent to the publication thereof, to justify her approach by claiming that her role is to ensure, via her investigations, that fiscal stability is attained.

Leaving aside the intricacies of pension fund law, there is a further troubling aspect about the report on Gordhan. If it is shown that Gordhan requested a series of expert opinions and then took some months to consider the Pillay case, the obvious question arises — how can such conduct constitute a breach of his constitutional duties?

 

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