_.y |! THE HIGH COURT OF SOUTH AFRICA » {GAUTENG DIVISION, PRETORIA) a 2019 -07- 15 case no: 4-166, / 19 © PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA Applicant and ‘THE PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA First Respondent PRAVIN JAMNADAS GORDHAN Second Respondent NOTICE OF MOTION KINDLY TAKE NOTICE that the applicant intends to make an application to the above Honourable Court at 10h00 on 30 JULY 2019 or so soon thereafter as tha ‘matter may be heard for an Order in the following terms: 1. That this application be enrolled es urgent, dispensing ineofar as is necessary, In terms of Rule 6(12), with the usual forms, service and time periods provided for in the Uniform Rules of Court. 2, tls declared that the President of the Republic of South Africa (President) has complied with the remedial action of the Public Protector of South Africa (Public Protector) arising out of the investigation and report into allegations of maladministration and impropriety in the approval of Mr ivan Pillay's early2 retirement with full pension benefits and subsequent retention by the South ‘African Revenue Services, bearing reference number 2019/20 (the Report), in that the President has: 2A. {In compliance with paragraph 7.1.1. of the Report, noted the adverse findings made in the Report against the second respondent (the Minister); and 2.2, within 30 days of the issuing of the Report, and in compliance with Paragraph 8.1. of the Report, submitted an Implementation plan to the Public Protector indicating how the remadial action in paragraph 7.1.1 of the Report wil be implemented (the implementation plan). 3. The President is directed, In accordance with the implementation plan and ‘Subject to the decision of this Court In the review application under case number 36089/19 (the Minister's review application), to take appropriate disciplinary action against the Minister within thirty (30) days from the date of the final determination of the Minister's review application, including the final determination of any subsequent appeals. 4. Allamatively to perearaphs 2 and 3 above, It is directed that the President's obligation to implement the remedial action of the Public Protector in Paragraphs 7.1.1 and 8.1 of the Report is stayed pending the final determination of the Minister's review application, Including the final determination of any subsequent appeals.5. The costs of this application shall be pald by any such respondent who ‘opposes the application, on an attomey and own client scale, including the costs of two counsel. 6. The applicant Is granted further and/or altamnative relief. TAKE NOTICE FURTHER THAT the founding affidavit of HIS EXCELLENCY PRESIDENT CYRIL MATAMELA RAMAPHOSA together with the relevant annexures thereto will be relied upon in support hereof. ‘TAKE NOTICE FURTHER THAT the applicant has appointed the OFFICE OF THE ‘STATE ATTORNEY, PRETORIA at 316 SALU Building, Cnr. Francis Baard and Thabo Sehume, 0001 per Mr. R J (Joseph) Sebelemetsa [reebelemetsa@justice.gov.ze] as the address where It will accept service of all procasses In this matter. TAKE NOTICE FURTHER THAT any respondent who wishes to oppose this application, shall file: {@) a notice (with the applicants’ attomieys) indicating so on or before 16h00 on WEDNESDAY, 17 JULY 2019. (b) Their answering affidavit on or before FRIDAY, 19 JULY 2019. TAKE NOTICE THAT having received an answering affidavit on ERIDAY, AQ JULY 2019, the applicant may, if necessary, file a replying affidavit on or before WESDNESDAY, 24 JULY 2019,