Gordhan has been found guilty of wrongdoing by Mkhwebane in his handling of the early retirement payout to former SA Revenue Service (SARS) deputy commissioner Ivan Pillay.

The court application comes after Mkhwebane - late in May - released a report which found that Gordhan was not authorised to approve the early retirement with full benefits of Pillay in 2010. Gordhan was Finance Minister at the time. 

After the early retirement was granted, SARS re-appointed Pillay in the same position on a fixed-term contract.

Earlier, advocates for Rampahosa and Gordhan on Thursday insisted the president should await the outcomes of a judicial review before implementing disciplinary action as directed by the Public Protector. 

Advocate Dali Mpofu for Mkhwebane countered the argument as a delaying tactic.

"In other words the whole country must be held at ransom for four or five years, remember what they are saying is that this whole thing must be held for stay for the review including appeals," said Mpofu.  

"We know that can take three, to four or five years. So the entire country must be at a standstill for four or five years until Mr Gordhan and Mr Ramaphosa are out of office to do a simple disciplinary procedure versus what is on the other side of the scale."  

Mpofu insisted remedial action ordered by the public protector remains binding. He referred to a Constitutional Court ruling on the matter. 

He said "even if it feels unfair" the remedial action was legally binding.

Earlier, Advocate Vincent Maleka, counsel for  Economic  Freedom Fighters, told the court that Ramaphosa has failed to live up to the constitution's promise of promoting unity in different arms of the State.

Maleka said Ramaphosa has favoured Gordhan and comprised the office of the Public Protector.

"The president has refused to meaningfully engage with the remedial action of the PP, and allow Minister Gordhan to go to court," said Maleka.

"A responsible and accountable President would have called Gordhan and told him he plans to implement the Public Protector's remedial action, and asked him to give him reasons not to," Maleka told the court.

Judge Lettie Molopa- Sethosa, who is presiding over the matter, said she was likely to make her ruling on 8 August.

African News Agency (ANA)