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From: Comrade Phapano Phasha

To: Chairperson of the ANC Integrity Committee, Comrade George Mashamba

Date: 27 May 2019

Subject: Official complaint against Comrade Pravin Gordhan to the Integrity Committee of the ANC

1. One of the most crucial decisions taken at Nasrec conference was the establishment of the Integrity
Commission. It was a critical resolution because through the commission as ANC members we could report
comrades whose conducts is either in contravention of the ANC Constitution and policies or have the potential to
bring the ANC into disrepute. The Commission has thus far demonstrated its resolve to act without fear or favour
in bringing to the attention of the NEC conduct that may negatively affects the ANC. The recent names on the list
of candidates for the National Assembly and others bears evidence.

2. It is on the basis of the above that I Phapano Phasha, a member of ANC Brian Bunting Branch Johannesburg
Greater Region, hereunder reports Comrade Pravin Gordhan’s conduct to the Integrity Commission.

3. It is a known fact that on the 24th May 2019, the Office of the Public Protector (OPP) found Comrade Gordhan
of having violated the Constitution of the Republic and the Public Finances Management Act ( PFMA) by acting
irregular and unlawful through his approval of Comrade Ivan Pillay’s pension fund request.

4. To ensure that the Commission continues to be seen as acting consistently, without fear or favour, I am
therefore calling on the Commission to flag Comrade Gordhan as a risk to the reputation of the ANC and
subpoena him to explain himself and clear his name like other leaders of the ANC such as Comrade David Mabuza
have done.

6. I will also like to clear the misconception made by comrade Pravin that the allegations against him on the
pension fund scandal were cleared, it is not true. Adv Brassey SC and his legal team found the appointment of Ivan
Pillay to be unlawful and irregular (I hereby attach the legal opinion by Adv Martin Brassey SC found on page 4 of
the document).

7. In addition, Comrade Pillay resigned upon being charged for the same allegations (I hereby attach the sworn
affidavit by Mr Luther Lebelo with particular attention to page 41).

8. The second complaint refers to the persistent and continuous attack on the Office of the Public Protector (OPP)
by comrade Gordhan.

9. It must be borne in mind that the Office of The Public Protector is one of the most highly esteemed and critical
Chapter 9 Institutions of our young democracy as outlined in our Constitution whose powers were reinforced by
the Constitutional Court in the case between Jacob Zuma v Office of the Public Protector on the Nkandla matter.

10. It is inconceivable that a member of the National Executive Committee of the ANC and of Cabinet can be
allowed to attack such an institution with impunity and relentlessly ,without being called into order.

11. It should matter less how Comrade Gordhan personally feels about Adv Mkhwebane, she is the head of the
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Office of The Public Protector.

12. It is also common cause that Adv Mkhwebane was hailed when she made adverse findings against the like of
Comrade Gigaba, Fikile Mbalula and many others but attacked and turned into a leaper even before she could
proceed with her investigation on comrade Pravin. In contrast, when allegations by some opposition parties
where made about President Cyril Ramaphosa on the BOSASA debacle, the President led by example by showing
maximum respect and high discipline to the office of the Public Protector allowing it to execute its duties with no
fear or favor and to this day we are yet to hear of any interference. Is Comrade Pravin Gordhan beyond reproach
and more powerful than the ANC President?

13. Such conduct that disrespect the Constitution of the Republic must be condemned by the Commission, the
ANC and the State President as no one is or must be seen to be above the Constitution. Otherwise what will the
ANC and President say in the future if opposition parties or society attacks the same institution?

12. I therefore call on the Commission to address this matter with Comrade Pravin.

In conclusion, the Commission must advise Comrade Gordhan to step aside from any state appointments and
responsibilities until his name is cleared. This will be consistent, as it was so with other comrades including but not
limited to Comrades such as DD Mabuza and Malusi Gigaba.

I thank the commission in advance

Comrade Phapano Phasha