Errors in fact and law, claim Pillay lawyers as they gear up to challenge Mkhwebane
The legal council of former South African Revenue Services (SARS) deputy commissioner Ivan Pillay has indicated that it will take Public Protector Busisiwe Mkhwebane’s report on judicial review.
“Her report stands to be reviewed and set aside through a legal process,” said Werksmans Attorneys director, Bernard Hotz.
Hotz spoke to Jacaranda FM News on Friday following the damning report by Mkhwebane that Public Enterprises Minister Pravin Gordhan had violated the constitution.
Mkhwebane found that Gordhan - during his tenure as the finance minister - had no right to approve the early retirement package of Pillay and recommended that president elect Cyril Ramaphosa institute disciplinary action against Gordhan.
“She afforded my clients an opportunity to provide comments where we believed that we had further submissions to make or where we believed she was wrong factually and legally,” said Hotz.
The High Court in Pretoria last week found that Mkhwebane executed her duties improperly.
Her report into the Estina Dairy Farm project was declared unconstitutional and set aside on Monday.
Hotz believes a judicial review of her findings will prove she failed to grasp the facts and legal principals.
“It would appear that the final report is a mere lip service paid to detailed submissions from my client, Mr Gordhan and Oupa Magashula – but all of the submissions from the various parties have simply been dismissed out of hand."