Mkhwebane seeking a jail sentence for Pravin Gordhan over ‘insults’

Forget the gloves coming off, the entire kit has been launched across the room. Public Protector Busisiwe Mkhwebane and Public Enterprises Minister Pravin Gordhan have renewed their hostilities in dramatic fashion this week, with the PP now pushing to jail the ANC stalwart over his ‘contempt’ for her office.

Why does the Public Protector want a jail sentence for Pravin Gordhan?

The extraordinary developments come as both parties head to the Pretoria High Court to battle it out once more. Following a series of legal battles between Mkhwebane and Gordhan last year, the dust hasn’t settled yet. Lawyers representing the Public Protector will argue that the minister is holding the office-bearer in contempt by calling her ‘incompetent’ and ‘politically motivated’

These utterances were made when Mkhwebane was challenged on her report into the early retirement of SARS’ Ivan Pillay, which was sanctioned by none other than Pravin Gordhan. The PP had ruled that this was an unlawful act, prompting Gordhan to launch a tirade against her.

“The minister claimed in court papers – without any basis – that the Public Protector was part of state capture and corruption and that her report was released for political reasons to prevent the minister from appointment to Cabinet.”

“Contempt of the Public Protector is similar to contempt of court. To fully appreciate the seriousness of the minister’s conduct in this regard, one must imagine a situation where a minister accuses a sitting judge of corruption and being motivated by politics.”

Busisiwe Mkhwebane on Pravin Gordhan

Contempt of the Public Protector is similar to contempt of court. To fully appreciate the seriousness of the minister’s conduct in this regard, one must imagine a situation where a minister accuses a sitting judge of corruption and being motivated by politics.

— Public Protector SA (@PublicProtector) September 29, 2020

What is the punishment for holding the Public Protector in contempt?

It would be foolish to underestimate the severity of the legal action that is being threatened against Pravin Gordhan. Holding the Public Protector in ‘criminal contempt’ can lead to a one-year jail sentence, a R40 000 fine, or both.

The move would be an unprecedented one, as no-one has been imprisoned for this offence before. However, Mkhwebane and her legal team will be pulling out all the stops this week to ‘protect’ her interests, and her bruised reputation.