In an affidavit deposed by means of Director-popular Dondo Mogajane, the
country wide Treasury is looking the court docket to droop the remedial
movement and tracking provisions within the Public Protector’s file.
Treasury says that the public Protector has overstepped her authority.
Mogajane’s affidavit describes the general public Protector’s circuitous
direction to locating that the Minister of Finance is ultimately chargeable
for the conduct of the unique Pensions enchantment Board.
According to Mogajane, the country wide Treasury became most effective made
the focus of the document nicely into its writing. As such, Treasury best
submitted its response to the general public Protector’s phase 7(nine) word
(which invites implicated events to put up evidence) on the same day as we
released her report, on 29 April 2022.
Mogajane does now not appear to disclaim that the enchantment Board might
also had been improper in its consideration of Sonto’s appeal, which was
lodged nicely outside of the statutory 60-day duration of enchantment.
Instead, he argues that even as the enchantment Board may have acted
underneath a unsuitable belief in the quantity of its powers, “such motion
does now not quantity to unsuitable conduct or maladministration”.
As such, the remedial motion that seeks to preserve the Minister chargeable
for the enchantment Board’s selection is “misplaced and irregular”.
Mogajane argues that the public Protector’s finding towards the decision of
the appeal Board is “past the remit” of her office. He says that the
strength to review a selection of the attraction Board is held by using a
court docket of assessment handiest.
Mogajane is open to the opportunity that the decision became incorrect or
illegal, however says that does not justify the general public Protector’s
finding that the appeal Board’s behavior turned into improper and amounted
to maladministration, “which generally refers to inefficient or cheating
administration”.
Mogajane says that the Minister has no criminal standing to review a
decision of the enchantment Board, and lacks the authority to direct all of
us to start such motion, only Sonto can do that.
The enchantment Board is an unbiased frame, and since the Minister played
no element in, and, argues Mogajane, isn’t always responsible for the
selections, he cannot be directed to apologise for the choice.
Mogajane also argues that if the Minister is made to implement the public
Protector’s remedial movement, this can be enforcing “an irrational and
unreasonable selection”. Furthermore, this would imply that each person
this is unhappy with the appeal Board’s decisions should refer the matter
to the general public Protector for pleasure, as opposed to the courts.
The national Treasury is not searching for any remedy in opposition to
Sonto.
GroundUp spoke to the general public Protector’s spokesperson, Oupa
Segalwe, who stated that they acquired a replica of the Minister’s
application ultimate week. “The group is studying the utility and a choice
can be taken in due route,” he said.