Public Protector's SARS report fingering Gordhan may be set aside

Public Protector's SARS report fingering Gordhan may be set aside

Public Protector Busisiwe Mkhwebane's SARS report has caused waves, dividing opinions on whether she is just doing her job or simply on a warpath to remove Public Enterprises Minister Pravin Gordhan. Pierre de Vos, Constitutional law expert, is convinced that the report will be set aside.

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Pierre de Vos, an expert in the field of Constitutional law, says that Mkhwebane's finding on the SARS intelligence unit is not only irrational, but likely to be set aside.

Briefly.co.za reported that the Public Protector had found Pravin Gordhan had violated the Constitution with the establishment of the SARS 'rogue unit'.

The report had asserted that only the president had the mandate to establish covert units, something Gordhan certainly is not authorised to do.

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READ ALSO: Opinion: Why Public Protector's latest Gordhan report is deeply flawed

De Vos, on the other hand, is not as convinced.. The legal expert says that it can be argued that Gordhan had approved a covert information-gathering unit, not an intelligence team.

In other words, SARS investigating tax matters did not constitute an intelligence unit, as it was within the realm of the entity's mandate.

The expert said that there were valid arguments in defence of both teams despite the inconsistency making it difficult to predict which party a judge might favour, reports eNCA:

"The Public Protector is not a court of law, so we are relying on the Constitutional Court judgment, most famously Nkanlda judgment where the court made statements that could be interpreted in favour of the Public Protector and a statement that could be interpreted in favour of Gordhan and Ramaphosa, so we haven't yet sorted that out."

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Source: Briefly.co.za

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