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Minister Pravin Gordhan has lodged an urgent application to suspend and interdict enforcement of the remedial orders by the Public Protector and also to review her Report, No 36 of 2019/20 - “Report on an investigation into allegations of violation of the Executive Ethics Code by Mr Pravin Gordhan, MP as well as allegations of maladministration, corruption and improper conduct by the South African Revenue Services”.
Minister Pravin Gordhan has lodged an urgent application to suspend and interdict enforcement of the remedial orders by the Public Protector and also to review her Report, No 36 of 2019/20 - “Report on an investigation into allegations of violation of the Executive Ethics Code by Mr Pravin Gordhan, MP as well as allegations of maladministration, corruption and improper conduct by the South African Revenue Services”.
Minister Pravin Gordhan has lodged an urgent application to suspend and interdict enforcement of the remedial orders by the Public Protector and also to review her Report, No 36 of 2019/20 - “Report on an investigation into allegations of violation of the Executive Ethics Code by Mr Pravin Gordhan, MP as well as allegations of maladministration, corruption and improper conduct by the South African Revenue Services”.
ORIGINAL *
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
In the matter between:
PRAVIN JAMNADAS GORDHAN!9 -7- | 9
and
‘THE PUBLIC PROTECTOR
BUSISIWE MKHWEBANE
THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
THE SPEAKER OF THE NATIONAL ASSEMBLY
‘THE MINISTER OF STATE SECURITY
‘THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
‘THE NATIONAL COMMISSIONER OF
POLICE
VISVANATHAN PILLAY
GEORGE NGAKANE VIRGIL MAGASHULA
isfy
Case no:
Applicant
First Respondent
Second Respondent
\
Third Respondent
Fourth Respondent
Fifth Respondent
Sixth Respondent
Seventh Respondent
Eighth Respondent
Ninth Respondent
NOTICE OF MOTIONPLEASE TAKE NOTICE
PART A
1
‘The applicant intends to apply to this Court at 10h00 on 23 July 2019, or as soon
thereafter as counsel may be heard, for an order in the following terms,
1.1 Itis ordered that Part A of this application be dealt with as one of urgency and
that the applicant's failure to comply with the Uniform Rules and Practice Manual
be condoned.
1.2. Itis declared that the remedial orders in paragraph 8 the Public Protector Report
No 36 of 2019/20 (‘the Report’) of § July 2019, are suspended pending the final
determination of Part B of this application.
1.3 The first and second respondents are interdicted from enforcing the remedial
‘orders pending the final determination of Part B of this application.
1.4 The respondents who oppose Part A of this application are ordered to pay the
applicant's costs, on a joint and several basis, or, if it is unopposed, an order
that the costs of Part A be costs in the cause of Part B.
1.5 Further and/or alternative relief.
The accompanying affidavit of PRAVIN JAMNADAS GORDHAN together with its
annexures will be used in support hereof.
The applicant has appointed the address of its attorneys, as set out below, at which it
will accept service of all process in these proceedings.
If you wish to oppose Part A, then you must, by no later than 12h00 on Monday 15 July
2019)44
42
give notice of your intention to oppose with an address within 15 kilometres of
the office of the Registrar where you will accept notice and service of documents;
and
File your answering affidavits to Part A, if any.
PLEASE PLACE PART A OF THE MATTER ON THE URGENT ROLL ACCORDINGLY
5 The applicant shall, on a date to be arranged with the Registrar, apply for orders in the
following terms:
54
5.2
53
5.4
55
‘The Public Protector's decision, in terms of section 6(9) of the Public Protector
Act 23 of 1994, to entertain the complaints upon which she reported in the
Report, is reviewed, declared unlawful and set aside.
‘The Report is reviewed, declared unlawful and set aside.
It is declared that the Public Protector and Advocate Mkhwebane personally,
acted in breach of their constitutional duties to be independent and to exercise
their powers and perform their functions without fear, favour or prejudice.
It is declared that the Public Protector and Advocate Mkhwebane personally,
dishonestly or, alternatively, recklessly made her findings in the Report against
the Applicant in that they knew that the findings were false or were reckless as
to their truth,
The Public Protector and Advocate Mkhwebane personally are ordered, jointly
and severally, to pay the applicant's cost on the scale of between attomey and
client.