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EFF asks ConCourt for clarity on PP's powers, enforcement of remedial action

The move follows a recent decision in the High Court in Pretoria where the enforcement of the remedial action in matters involving President Cyril Ramaphosa and Minister Pravin Gordhan were suspended until the review applications in their respective cases were concluded.

EFF leader Julius Malema and EFF secretary-general Godrich Gardee (right) in the High Court in Pretoria on 4 July 2019. Picture: Kayleen Morgan/EWN

PRETORIA - The Economic Freedom Fighters (EFF) has directly approached the Constitutional Court to seek its judicial guidance on the powers of the Public Protector and whether the enforcement of the remedial action imposed by the office may be suspended while a review application was pending.

Fin24 is reporting that party leader Julius Malema filed the application on Tuesday.

The move follows a recent decision in the High Court in Pretoria where the enforcement of the remedial action in matters involving President Cyril Ramaphosa and Minister Pravin Gordhan were suspended until the review applications in their respective cases were concluded.

The EFF had been very critical of the High Court’s decisions which went against Advocate Busisiwe Mkhwebane, going as far as to suggest that the judges had been biased.

It’s being reported that Malema said in papers that the Constitutional Court’s guidance was urgently needed in respect of the Public Protector’s powers.

The party believed that the remedial action should be enforced irrespective of whether the report was being taken on review.

However, the courts found that doing so may cause irreparable harm to the implicated parties, while there would be no prejudice to the Public Protector.

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