Tag Archives: Pravin Gordhan

Gordhan reacts to Malema hate speech case loss: ‘He won’t be intimidated’

Public Enterprises Minister Pravin Gordhan has reacted to Thursday’s Equality Court ruling that dismissed his application against Economic Freedom Fighters (EFF) leader Julius Malema.

Gordhan failed to have Malema’s comment that he is “a dog of white monopoly capital” declared hate speech.

Speaking through his lawyer Tebogo Malatji, Gordhan said he “remains committed to political debate that deepens our democratic discourse and builds our country towards the Constitution’s vision of equality, dignity and freedom for all South Africans.”

‘He will not be intimidated’

Malatji added, “[Gordhan] will not be intimidated and will continue, with the vast majority of South Africans, to challenge those who undermine these goals.”

He conceded that Gordhan lost the case on “technical questions of the interpretation of the Equality Act.”

However, Malatji noted that the ruling said Malema’s statements were “clearly intended to be hurtful” and “promote hatred” of Gordhan.

“These statements were described by the Court as ‘obnoxious,’ and that they contained an ‘example of an extravagant juvenile rant stretching hyperbole to the extreme in the course of a demonstrably demagogic speech,'” Malatji said.

He advised Gordhan to explore all legal options “to seek recourse against the persistent and infantile political campaign of the EFF that spreads lies about our client, and promotes the politics of hate, division, intolerance and intimidation.”

EFF leaders celebrate ruling

Earlier on Thursday, EFF leaders hailed Judge Roland Sutherland’s ruling. EFF Secretary-General Godrich Gardee said it upheld EFF’s right to freedom of expression.

The party’s Deputy President Floyd Shivambu wrote on Twitter, “The DOG OF WHITE MONOPOLY CAPITAL, Founder of the Rogue Unit, Grand Master of the CABAL, god of STRATCOM, the nepotist who’s destroying State Owned Companies Jamnandas Gordhan was defeated and should pay cost for his frivolous application.”

EFF spokesperson Dr Mbuyiseni Ndlozi added that “Jamnandas is not above the law.”

He wrote, “Let us repeat once more; Pravin Jamnandas Gordhan is A DOG OF WHITE MONOPOLY CAPITAL.”

In its official statement, EFF said the ruling “is a powerful signal to [those in power] that they must not use our courts to curtail accountability and scrutiny over their actions.”

EFF leaders celebrate Gordhan’s loss in hate speech case against Malema

Economic Freedom Fighters (EFF) leaders have reacted to the Equality Court’s ruling on Thursday in favour of Julius Malema.

The Court ruled that Malema’s comment that Public Enterprises Minister Pravin Gordhan is “a dog of white monopoly capital” is not hate speech.

EFF Deputy President Floyd Shivambu hailed the verdict in a Twitter post, saying they (EFF) are “focused on the crocodiles, not lizards.”

‘Right to freedom of expression’

“The Gauteng High Court has dismissed an application of Jamnandas Gordhan, who had frivolously asked the Court to declare political expression by CiC @Julius_S_Malema as hate speech. The court ordered that he must pay the costs too. We’re focused on the crocodiles, not lizards,” he wrote.

Speaking outside court, EFF Secretary-General Godrich Gardee said the ruling upheld EFF’s freedom of expression.

Writing on Twitter, party spokesperson Dr Mbuyiseni Ndlozi added that “Jamnandas is not above the law.”

He wrote, “Let us repeat once more; Pravin Jamnandas Gordhan is A DOG OF WHITE MONOPOLY CAPITAL.”

‘Not within compass of Equality Act’

Gordhan hauled Malema to the Equality Court after the latter’s comments, which he made outside the state capture commission of inquiry in November 2018.

He sought a declaration that Malema’s comments constituted hate speech. However, Judge Roland Sutherland dismissed his application with costs on Thursday.

Judge Sutherland said, “Despite the fact that the utterances were indeed hateful and aimed at engendering hatred against [Gordhan], [he] has failed to bring his understandable grievances within the compass of the Equality Act.”

Gordhan has not yet publicly reacted to the ruling. His lawyer, Tebogo Malatji, said they will comment after reading the full judgement first.

Although Judge Sutherland ruled in favour of Malema, he was scathing of his comments, labelling his speech in 2018 as “an extravagant juvenile rant.”

He said Malema’s speech stretched “hyperbole to the extreme” and was “demonstrably demagogic.” He added, “The dominant impression is that it is puerile self-aggrandisement, not a threat to [Gordhan] or anyone else.”

Iqbal Survé claims FSCA raided his office to get info on Cyril, Pravin

Dr Iqbal Survé has claimed Wednesday’s raid at his Cape Town office by Financial Sector Conduct Authority (FSCA) was a “fishing expedition.”

Survé is the chairman of Independent Media and investment company Sekunjalo Group.

Independent Media’s Business Report published details of the raid, including a video in which Survé is seen making the claim while speaking to FSCA officials.

“This is purely a fishing expedition on your part to get information that we have on Pravin Gordhan, on the president and on various ministers and various others and you are trying to get the information because my reporters are about to publish it this weekend,” he said.

‘This is political’

He added that the raid’s purpose was to prevent that information from being published.

He further alleged that FSCA was trying to get the legal position of AYO Technology Solutions, which is linked to him, in relation to the Public Investment Corporation (PIC).

Survé said, “This is political. This is Pravin Gordhan using state institutions to fight political battles because Independent Media is not keeping quiet about the corruption that exists among certain ministers [and] the rogue unit. It’s an attempt to intimidate us.”

FSCA confirms raid

FSCA confirmed conducting a “search and seizure” operation at Sekunjalo Group’s offices as part of an investigation into “market manipulation.”

It said Justice PAL Gamble of the Western Cape High Court granted the order. In May, it said it was investigating AYO for alleged irregular share trading.

AYO was also part of a PIC inquiry earlier this year over allegations that it shifted millions of rand from a PIC investment to other Survé-owned companies.

The businessman has denied all allegations, claiming instead that there is a political campaign against his companies aided by certain media houses.

Independent Media has published a string a exposés against President Cyril Ramaphosa’s administration, including details of CR17 campaign funders recently.

It also published a report alleging how former State Security Minister Dipuo Letsatsi-Duba was a “paid spy.”

Mkhwebane accuses judiciary of changing its position on Public Protector powers

Public Protector Busisiwe Mkhwebane has accused the judiciary of changing its position on her office’s powers since she took over.

Mkhwebane made the claim while addressing the University of Johannesburg’s Leadership Dialogue on Friday evening.

She cited the 2016 Constitutional Court ruling on Nkandla, which affirmed the binding nature of her remedial actions until set aside by a court.

The Court further ruled that the Public Protector could direct the manner of implementation of those remedial actions, she said.

Mkhwebane also claimed that the Court refused to grant an interdict to the president because it would have resulted in an “unwarranted interference with an exercise of a statutory power.”

However, the judiciary has now moved away from these positions, Mkhwebane claimed.

As things stand now, for anyone to successfully challenge the powers of the Public Protector, all they need to do is show up to the court and they will be granted the relief they seek.

This is how radically the legal position regarding the Public Protector has changed

Busisiwe Mkhwebane

Recent interdicts

Mkhwebane was seemingly reacting to recent interim interdicts granted against the implementation of her remedial actions pending review application outcomes.

The High Court in Pretoria recently suspended implementation of remedial actions against Public Enterprises Minister Pravin Gordhan.

The matter related to Mkhwebane’s report on the early retirement of Ivan Pillay, former deputy commissioner of the South African Revenue Service (SARS).

Mkhwebane appealed the ruling at the Constitutional Court but is now seeking to withdraw the appeal.

The High Court similarly granted President Cyril Ramaphosa an interim interdict in the Bosasa matter.

However, Mkhwebane did not oppose the president’s application in the interest of expeditious resolution.

Dali Mpofu: Ramaphosa ‘an accomplice’ to Gordhan’s ‘insults’ on Mkhwebane

The Public Protector has accused President Cyril Ramaphosa of being “an accomplice” to Public Enterprises Minister Pravin Gordhan’s ‘insults’ against her.

Advocate Dali Mpofu, acting on behalf of Public Protector Busisiwe Mkhwebane, told the North Gauteng High Court on Thursday that Ramaphosa should have “protected” the Public Protector’s office.

Mpofu argued that the president, by associating with Gordhan’s review application against Mkhwebane, tacitly endorsed the “personal attacks” contained therein.

Gordhan’s review application seeks to set aside Mkhwebane’s report relating to the early retirement of former South African Revenue Service (Sars) Deputy Commissioner Ivan Pillay.

In his application, Gordhan accuses Mkhwebane of being part of the “state capture fightback project.” Mkhwebane considers this an insult on her integrity.

Mkhwebane found that Gordhan’s approval of that retirement constituted maladministration.

She directed President Ramaphosa to take appropriate disciplinary action against Gordhan.

Ramaphosa opted to await the outcome of Gordhan’s review application before disciplining Gordhan.

He provided Mkhwebane an implementation plan as required, but she did not approve it.

Mkhwebane further held that in the absence of an interdict, the president is obliged to implement the remedial action.

However, Ramaphosa argued that Mkhwebane failed to provide him a timeline or deadline by which he should discipline Gordhan.

Ramaphosa subsequently filed an urgent court application to either declare that he had complied with Mkhwebane’s remedial action.

Mkhwebane to appeal Gordhan ruling, threatens to refer judge to JSC for ‘unbecoming’ language

Public Protector Busisiwe Mkhwebane has expressed disappointment at Monday’s North Gauteng High court ruling that granted Public Enterprises minister Pravin Gordhan an interim interdict.

In a statement released late on Monday night, Mkhwebane also said she’s considering approaching the Judicial Service Commission (JSC) over Judge Sulet Potterill’s “unbecoming” language.

Mkhwebane confirmed that she would appeal Judge Potterill’s ruling.

Rogue unit matter

Gordhan sought an interim interdict earlier in July against Mkhwebane’s remedial actions contained in her report on the so-called rogue unit at the South African Revenue Service (Sars).

Mkhwebane found that Gordhan had deliberately misled Parliament about a meeting with the Guptas.

She also found him in violation of the Constitution for establishing the “rogue unit” when he was still Sars Commissioner.

Among other remedial actions, she directed President Cyril Ramaphosa to take appropriate disciplinary action against Gordhan.

Following a hearing on 23 July, Judge Potterill granted Gordhan an interim interdict pending the outcome of his review application against the report.

Potterill ‘overreached’

However, Mkhwebane said Judge Potterill overreached by not confining herself to the interdict application and instead ventilating the merits of the review application itself.

This “tied the hands of and preempted the outcome of the review court,” she argued.

Mkhwebane found it “curious” that the judge ventilated the issue of former Sars Deputy Commissioner Ivan Pillay’s qualifications, but deferred Gordhan’s alleged disparaging remarks about her to the review application.

The Public Protector accused Judge Potterill of relying on her correspondence with the President which related to Pillay’s early retirement matter, not the “rogue unit” matter.

She also termed the judge’s use of the word “nonsensical” in her ruling as “outrageous,” “unbecoming,” and not in keeping with the court’s decorum.

In this regard, she said she’s considering legal recourse and remedies, including approaching the JSC.

Finally, Mkhwebane took issue with Potterill imposing a personal cost order against her.

The Economic Freedom Fighters (EFF), which had opposed Gordhan’s interdict application along with Mkhwebane, also indicated that they would appeal the ruling.

Floyd Shivambu: ‘White people, judges are united in defence of capitalism’

Floyd Shivambu has claimed that “white people” and judges are united in their defence of capitalism in South Africa.

The Economic Freedom Fighters (EFF) Deputy President made the claim in a tweet he posted on Monday afternoon.

REALITY is that white people in South Africa, including Judges are 100% united in Defence of the capitalist establishment as represented by the incumbent.

They will do everything in their power to defend their interests. We will never retreat, nor surrender!!

EFF Deputy President Floyd Shivambu

Shivambu appeared to be responding to the North Gauteng High Court’s ruling earlier on Monday in favour of Public Enterprises Minister Pravin Gordhan.

Judge Sulet Potterill granted Gordhan an interim interdict suspending the implementation of Public Protector Busisiwe Mkhwebane’s remedial actions against him.

The matter relates to Mkhwebane’s report on the so-called rogue unit at the South African Revenue Service (Sars).

Mkhwebane found that Gordhan had violated the Constitution by taking part in the unit’s establishment when he was still Sars Commissioner.

Public Protector and EFF both opposed Gordhan’s application for the interim interdict, but lost.

EFF has now vowed to appeal the ruling at the Constitutional Court, suggesting that Judge Potterill was biased against EFF and Public Protector’s “black” lawyers.

In another tweet, Shivambu slammed Judge Potterill for “prematurely pronouncing” on the legal status of the “rogue unit” before the actual review application hearing.

There’s an ongoing trial against Rugue Unit, and there’s an IGI Report on the unlawfulness and its many illegal activities, but in defense of the establishment, a white judge is prematurely pronouncing on it. The disdain through which she treated black Advocates was telling! [Sic]

EFF Deputy President Floyd Shivambu

He went further to suggest that the judiciary has been “captured by the New Dawn capitalist establishment.”

EFF vows to appeal Gordhan interdict ruling: ‘It’s a fight to the end’

The Economic Freedom Fighters (EFF) has vowed to appeal the ruling granting Public Enterprises Minister Pravin Gordhan an interim interdict against implementation of Public Protector’s remedial actions.

The party issued a statement within hours of the North Gauteng High Court ruling on Monday morning to voice its displeasure.

Judge Sulet Potterill dismissed virtually all of EFF and Public Protector’s arguments against granting the interdict.

‘Rogue unit’

The matter relates to Public Protector Busisiwe Mkhwebane’s report into the so-called rogue unit at the South Africa Revenue Service (Sars).

She found that Gordhan had violated the Constitution for his role in the establishment of the “rogue unit.”

Among other remedial actions, she directed President Cyril Ramaphosa to take disciplinary action against Gordhan.

Gordhan moved to court to obtain an interim interdict suspending implementation of the remedial actions pending the outcome of his review application.

EFF and Mkhwebane opposed this and a hearing was held on 23 July. However, the court has now granted the interdict.

EFF ‘not surprised’

In its statement, EFF said it was not surprised by this outcome and suggested that Judge Potterill was biased against EFF and Public Protector.

This is because we had realised how visibly irritated Judge Sulet Potterill was when the black lawyers who were exclusively arguing against the exclusively white lawyers of Jamnandas Gordhan, Ramaphosa, and all who wanted the interdict.

EFF

EFF further claimed that on the other hand, Judge Potterill was “very pleased” with and willing to listen to the “white” lawyers.

EFF argued that the interdict “essentially shuts down” a constitutionally established institution.

We shall therefore appeal this decision with the Constitutional Court. It is a fight to the end.

EFF

It’s unclear what steps the Public Protector would take next.

Addressing reporters after the ruling, Mkhwebane’s spokesperson Oupa Segalwe said they would study the ruling before determining the next court of action.

Mkhwebane suffers another bruising legal loss as Gordhan wins interdict

The North Gauteng High Court has granted Public Enterprises Minister Pravin Gordhan an interim interdict against implementation of Public Protector’s remedial actions against him.

The matter relates to Public Protector Busisiwe Mkhwebane’s report on the South African Revenue Service (Sars) “rogue unit.”

Among other remedial actions, Mkhwebane had directed President Cyril Ramaphosa to take disciplinary action against Gordhan.

Gordhan sought an interim interdict to suspend the implementation of the remedial actions pending the outcome of his review application to set aside the report.

Mkhwebane, joined by the Economic Freedom Fighters (EFF), opposed the application during a hearing on 23 July.

However, the court found that Gordhan had established prima facie grounds for a review of Mkhwebane’s report.

It also ruled that Mkhwebane had failed to establish how the interim interdict would have been inconsistent with the purpose of the Constitution.

The court further ruled that an interim interdict is not a final determination of the matter and merely suspends the remedial actions.

On balance of convenience, the Public Protector failed to show how a suspension would irreparably harm the functioning of her office, the court ruled.

On the other hand, the court argued that failure to grant an interim interdict could irreparably infringe on Gordhan’s constitutional rights.

The court further said President Ramaphosa could not be criticised for awaiting the outcome of Gordhan’s review application before taking action against him.

On the contrary, Ramaphosa was abiding by the law, the court said.

The court ruled that the Public Protector must pay some of the costs of Gordhan’s legal counsel.

Malema to Ramaphosa: ‘Stop being a coward and act against Pravin’

Economic Freedom Fighters leader Julius Malema has again urged President Ramaphosa to act against Public Enterprises Minister Pravin Gordhan.

Addressing supporters outside the Pretoria High Court on Tuesday afternoon, Malema said Public Protector’s remedial action on discipline means only one thing – Gordhan must be fired.

Cyril, stop being a coward and act against Pravin.

EFF leader Julius Malema

Malema said Indians have come out in support of Gordhan because he’s an Indian.

In contrast, former Ministers Malusi Gigaba and Nhlanhla Nene received no support, he claimed.

He claimed in view of the Mkhwebane’s report on the president, some “white analysts” have urged Ramaphosa to take responsibility because he’s black.

The fiery leader dismissed Gordhan’s alleged claim that EFF is involved in corruption in state owned enterprises, adding that Gordhan should have presented such evidence to the Zondo Commission.

Malema said EFF is the only party that’s not scared of “white monopoly capital” and tore into Ramaphosa.

We’re an opposition party. We don’t love Ramaphosa. If you love Ramaphosa, go and join ANC. We have no friendship with Ramaphosa. We’re not going to give Ramaphosa roses; we’ll give him hell.

EFF leader Julius Malema

Malema said EFF’s mission as an opposition party is to eventually remove Ramaphosa and African National Congress (ANC) from power.

The boisterous crowd cheered as Malema warned Ramaphosa not to “destroy” or “close down” the office of the Public Protector.

He repeated his claim that Gordhan is so highly connected that he meets with judges.

He stated that EFF is prepared to directly petition the Constitutional Court should the high court grant Gordhan an interim interdict against the Public Protector.

The EFF leader urged Ramaphosa to reveal who donated to the CR17 campaign, adding that both the Democratic Alliance (DA) and Ramaphosa have the same masters – “white monopoly capital.”

He distanced EFF from the so-called Zuma fightback campaign, emphasising that EFF has no allies in the ANC.

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