The court was hearing an urgent application by Gordhan wherein he is asking it to suspend the implementation of remedial action proposed by Mkhwebane in her report into the "rogue unit" at the SA Revenue Service (Sars), pending the determination of a judicial review of the report.

Masuku said Gordhan's application was unprecedented because of the allegations contained in it against the public protector.

Masuku said in his application that Gordhan had accused the public protector of conducting her investigation and producing her report to promote and support state capture.