MINISTER TO INSTITUTE IMMEDIATE REVIEW PROCEEDINGS AGAINST THE PUBLIC PROTECTOR
Our client, Minister Pravin Gordhan, will institute immediate review proceedings against the Public Protector’s report and findings, including the proposed remedial action, that she announced to the media today.
1 Minister Gordhan is advised by us and senior counsel that the Public Protector’s findings, are totally wrong both in fact and in law. Our submissions to her office, dated 22 May 2019, seems not to have been taken into account.
2 On 25 May 2019, the Public Protector announced her findings to the media, a little under 48 hours from when the Minister Gordhan’s response was submitted to her (a copy is attached).
3 In light of the most recent judgment in relation to the Vrede Dairy Project, Minister Gordhan is of the view that the Public Protector has once again erred in her findings and proposed remedial action. We are instructed to institute review proceedings immediately.
4 It is important that we set out the following timeline:
4.1 Shortly before Minister Gordhan was about to deliver the 2016 budget to Parliament, he received 27 questions, on 19 February 2016, from the HAWKS relating to, amongst others, his approval of Mr Ivan Pillay’s retirement benefits. Minister Pravin Gordhan responded to the 27 questions extensively on 30 March 2016.
4.2 On 11 October 2016, the Minister Gordhan was criminally charged in relation to Mr Pillay’s early retirement.
4.3 On 31 October 2016, the NPA withdrew the charges, two days before the date of the appearance. We can only deduce that the withdrawl of the charges was premised on the fact that the National Director of Public Prosecutions (“NDPP”), who appeared on national TV, accepted that the charges were not legally sustainable, based on our prior submissions.
4.4 Two years later, on 01 October 2018, the Public Protector issued a subpoena that the Minister Gordhan must appear before her in relation to the very same charges that were withdrawn by the NDPP.
4.5 Minister Gordhan appeared before the Public Protector on 14 November 2018.
4.6 On 02 May 2019, Minister Gordhan received a notice in terms of Section 7(9) of the Public Protector Act, to respond to various grounds on which the Public Protector intends to make adverse findings against Minister Gordhan. A response was required within 14 days.
4.7 On 22 May 2019, we submitted the Minister Gordhan’s response to the Section 7(9) notice of the Public Protector.
4.8 On 24 May 2019, we received a letter from the Public Protector advising that she is declining Minister Gordhan’s request that he be given a further opportunity to make submissions on appropriate remedial action. The Public Protector’s Section 7(9) notice did not set out the proposed remedial action, hence the request.
5 Minister Gordhan takes issue with both the haste and the timing of the release of her report. The complaint involves complex considerations of pension fund laws in as far they relate to public servants. It is doubtful whether due consideration was given to Minister Gordhan’ submissions.
6 The haste and the timing of the Public Protector shows a complete disregard for a an important constitutional event for our country, the inauguration of the President of the Republic of South Africa.
Issued by Tebogo Malatji, 24 May 2019
