The two squared off in court just under a week ago with Mkhwebane supported by the Economic Freedom Fighters and the presidency siding with Gordhan. The legal battle centres around her report in early July into the so-called 'rogue unit' at the SA Revenue Service (Sars). The unit - also known as the High Risk Investigations Unit - was established in 2007 when Gordhan was the tax agency's commissioner.

Mkhwebane found that the establishment of the unit was illegal and that it conducted unlawful intelligence operations. Her report stated that the tax agency failed to follow procurement rules when it bought spying equipment for its operations. In the same report she also found that Gordhan lied to Parliament by not disclosing a meeting where a member of the Gupta family may have been present.  

Gordhan is asking the court to suspend the remedial action in Part A of the application and review the entire report in Part B. The review application comes as several other reports by the public protector have been set aside by the court.

The Constitutional Court on Monday found she had lied under oath in her Absa/Bankorp findings which were overturned in February 2018.

Additionally, Ramaphosa himself will also apply to have her report, that stated he violated the executive ethics by lying to parliament over a Bosasa donation, dismissed. 

Fin24