Ramaphosa said that although he believes that the matter, which is now being fought by the EFF, has no basis for success, it should be ventilated by the court because it"raises important issues of a constitutional nature concerning institutions central to our constitutional democracy".
In a judgment delivered in the Pretoria high court on July 29, Judge Sulet Potterill interdicted Mkhwebane and her office from enforcing the remedial action against Gordhan, which had been recommended in her report on the SA Revenue Service’s so-called"rogue unit”. Despite Mkhwebane’s withdrawal of her appeal at the Constitutional Court, the EFF had persisted with the matter, arguing that the high court was wrong in its decision.
Supporters of both the EFF and the public protector had lambasted Potteril’s judgment and claimed the high court did not have the power to interdict Mkhwebane’s recommendations pending the outcome of a review application of her report.