Subject: Public Protector clarifies her investigation into the conduct of Minister Gordhan
Public Protector Adv. Mkhwebane notes the weekend media statement attributed to an attorney, who says he acts on behalf of the Minister of Public Enterprises, Mr. Pravin Gordhan. Adv. Mkhwebane wishes to reiterate that her office wrote to the Minister four times between February 2018 and July 2018, requesting the Minister to respond to the allegations that he irregularly approved Mr. Ivan Pillay's retirement, bought off his pension balance and later allowed him to be re-employed by the South African Revenue Service (SARS) in 2010.
On 02 October 2018, Adv. Mkhwebane subpoenaed Minister Gordhan to appear before her on 14 November 2018. This was after the Minister failed to provide the Public Protector with a response to these allegations as requested in the preceding correspondences. The Minister, through his attorney, responded to the subpoena on 22 October 2018, indicating that he would present himself to the Public Protector as per the subpoena.
A number of questions have since been raised around these events and related public utterances. Adv. Mkhwebane wishes to offer clarity as follows:
The Public Protector is empowered by the law to conduct a preliminary investigation for the purpose of determining the merits of complaints, allegations or information, among other things. The investigation into the alleged conduct of Minister Gordhan is therefore at a preliminary stage. Accordingly, the Public Protector is affording him an opportunity to respond to the allegations or the complaint;
During the preliminary investigation stage, the Public Protector gathers all relevant evidence from any person who may be in a position to assist;