IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 48521/19
In the application of:
PRAVIN JAMNADAS GORDHAN Applicant
and
THE PUBLIC PROTECTOR First Respondent
BUSISIWE MKHWEBANE. ‘Second Respondent
THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA —_— Third Respondent
THE SPEAKER OF THE NATIONAL ASSEMBLY Fourth Respondent
THE MINISTER OF STATE SECURITY Fifth Respondent
THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS _Sixth Respondent
THE NATIONAL COMMISSIONER OF POLICE ‘Seventh Respondent
VISVANATHAN PILLAY Eighth Respondent
GEORGE NGAKANE VIRGIL MAGASHULA Ninth Respondent
EIGHTH RESPONDENT’S ANSWERING AFFIDAVIT|, the undersigned,
VISVANATHAN PILLAY
hereby make oath and say:
INTRODUCTION
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lam an adult male, who was formerly in the employ of the South African Revenue
Service ("SARS"). | am the eighth respondent in this application, which was
launched by the Applicant, Minister Pravin Gordhan (‘Minister Gordhan"), on 10
July 2019,
The facts contained in this affidavit are within my personal knowledge, save
where the context otherwise demonstrates, and, to the best of my knowledge and
belief, such facts are true and correct.
Where | make legal submissions, | do so on advice received from my lawyers,
which advice | believe to be correct.
In this affidavit, to the extent necessary, | shall refer to the various parties as they
have been defined in Minister Gordhan's founding affidavit.
| wish to make it clear at the outset that | do not oppose the relief sought by
Minister Gordhan in either Part A or Part B of the application. Indeed, | fully
support the relief sought by him,
| am presently out of the country. | will be returning to South Africa on 15 August.
2019 when | will be able to consult properly with my lawyers. Upon my return toSouth Africa | intend to launch a substantive application to review and set aside
the Public Protector's Report No 36 of 2019/20 dated 5 July 2019 (‘the Report’).
THE PURPOSE OF THIS AFFIDAVIT
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| depose to this affidavit:
First, to set out, at this stage in summary form only, the reasons why | intend
to seek the review and setting aside of the Report;
Second, to set out certain additional facts and submissions that may be of
assistance to the Court in determining Part A of the application; and
Third, to set out the reasons why | support the grant of the urgent relief
sought in Part A of the notice of motion.
THE REASONS WHY | INTEND TO SEEK THE REVIEW AND SETTING ASIDE OF
THE REPORT
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The Report implicates me in misconduct, maladministration and criminality. In
the course of the Report the Public Protector has found that:
SARS, under my guidance and management as General Manager:
Enforcement and Risk Division, established an intelligence unit ‘in violation
of South African intelligence prescripts";
| was involved in a failure by SARS “to follow proper procurement processes
in the procurement of intelligence equipment which the intelligence unit
utilised for gathering intelligence",