President Cyril Ramaphosa has complied with Public Protector Adv. Busisiwe Mkhwebane’s recommendations regarding an investigation into Minister of Public Enterprises Pravin Gordhan.

1. PRESIDENT HAS MET PUBLIC PROTECTOR DIRECTIVES ON MINISTER GORDHAN
President Cyril Ramaphosa has complied with Public Protector Adv. Busisiwe Mkhwebane’s
recommendations regarding an investigation into Minister of Public Enterprises Pravin Gordhan.
On 19 June 2019 President Ramaphosa submitted a written response to the Public Protector in answer
to a report - released on 24 May 2019 – relating to the "Investigation into Allegations of
Maladministration and Impropriety in the Approval of Mr Ivan Pillay's Early Retirement with Full Pension
Benefits and Subsequent Retention by the South African Revenue Services".
In his response – which was filed within the period of 30 days set by the Public Protector – President
Ramaphosa set out his compliance with the recommendations.
The Public Protector had directed the President to take note of the findings in the report insofar as they
relate to Minister Gordhan and to take appropriate disciplinary action against the Minister. No deadline
was given by when such “appropriate disciplinary action” should be taken.
The Public Protector had also directed the President to submit, within 30 days, an implementation plan
indicating how the President would implement the recommended remedial action.
In his response of 19 June 2019, President Ramaphosa explicitly stated that this written response was in
compliance with the Public Protector’s directive for the President to submit an implementation plan
within 30 days.
Setting out the implementation plan, President Ramaphosa assured the Public Protector that he had, as
directed, taken note of the findings against Minister Gordhan.
At the same time, the President drew the Public Protector’s attention to the fact that Minister Gordhan
had brought a High Court application on 28 May 2019 – four days after the Public Protector had released
Report No 24 of 2019/20 – in which the Minister is currently seeking an order reviewing and setting
aside the findings and recommendations contained in the report.
President Ramaphosa said that having considered the Public Protector’s findings against Minister
Gordhan as well as the Minister’s challenges to those findings in his review application, it would be
inappropriate to take disciplinary action against Minister Gordhan at this point.
The President explained that there was a dispute pending before the High Court over the legality of the
findings on which to base the recommended disciplinary action. Furthermore, this dispute legally
challenged the President’s alleged power to exercise such disciplinary action.
In the event, the President submitted to the Public Protector that the process of taking appropriate
disciplinary action against Minister Gordhan would best be served by waiting until the legal processes of
his review proceedings were concluded.

2. The President therefore indicated to the Public Protector his intention to defer his decision on what
disciplinary action if any to take against Minister Gordhan until final determination of the Minister’s
review application.