Public Enterprises Minister Pravin Gordhan says Public Protector Busisiwe Mkhwebane is determined to make adverse findings against him ‘irrespective of the evidence to the contrary before her’.

In doing so, she acted with ‘improper or ulterior purpose’, Gordhan added in a supplementary application filed yesterday as part of his review application of her report against him.

According to News24, Gordhan said Mkhwebane had failed to properly investigate the so-called ‘SARS rogue unit’ case. This furthered a narrative about SARS that was so damaging to the institution that it amounted to ‘economic and fiscal sabotage’, he added.

Mkhwebane found that the ‘rogue unit’ was established and operated illegally, and that Gordhan, as former Minister of Finance, should be disciplined by President Cyril Ramaphosa for his conduct.

Gordhan successfully interdicted the implementation of Mkhwebane's remedial action, pending the outcome of a full review application. As part of that process, in terms of Rule 53 of the Uniform Rules of Court, she was obliged to file a full record of her investigation.

The Constitutional Court, which previously censured Mkhwebane for failing to provide a complete Rule 53 record in another review application, said it should include ‘every scrap of paper’ that could directly or indirectly have led to the decision in question.

Mkhwebane's spokesperson, Oupa Segalwe, previously told News24 that the record she had filed in the Gordhan review application was complete, and that his lawyers were delaying the process by asking for documents which they already had.

But Gordhan alleged Mkhwebane's record failed to show how she had reached her conclusions.

He said his lawyers had been forced to ask Mkhwebane twice to furnish the court with the full record.

The Public Protector's disdain for the rules of this court is unfortunate and warrants censure,’ he said.

Full News24 report