®@ @ 98 V7 bly sore RAT" a i ) MEDIA STATEMENT [STATEMENT BY THE MNISTER OF FANG ‘The recent mca reports about my aes! iment or t= have bean extreraly| ldabensing omy famly and me, \ cent ao ala bing neste ar al poy ba chee eng ‘compte nace of: nave arsuered sans aie by eek, 5+ vc neutha ws a wae fey tmpanng ages e er investors ule repr ha pa washes Ila indeed tu. tt na ene ix ave tow, Bu oo eheuld be auete oe mariplaton of be bw an agencies or tani motes ‘Throughout my 4 yaare of scm, | have wrk for he avancemen ofthe ANC, our Constaton and ou democrat govern I ould never have hau at hua within th very genes of is government eu now conepe onsen harass me ‘dy fay. ave met we my lawyers to bin tr ace, They wl be approaching te leadersip of bo te Hawks ar the Natona Prosacutng Autor for fur xmaton ar ay. | werk togeter wh over tn thousand sta era deca to ransform SARS i wer Sass even an customs admiison. We bull he reve sera an ect end tec insta hat provide he neasing fal resources to eras goverment fo prove secl rans. SARS an he speci! ivestgav uns heen operated wan te low ing my tra ae Comesoner ‘Tha maleious eros nd acosaters abut espana” aces ar fle ans rmanacured fr oe motves, ‘Ther have alto been eras of tusinespeope caning inside knowlege finance ve sal neitutons If such pars sete a loged consul unermie ie !nepry ana ane whi he Treasury ee ny nahn99 Is pricy pat ome, adm sur to mary eames eoas, owinets this ‘vested atiack on host ne harawateng propia a enone mean Sonne our aeeray, ions of people wl athe pce (hee wees ano to ‘elev poverty a spp jo ein programmes) tke subversion a moar restrained and uncle gee "appeal al Sou Acans ort the Natonal Treasury sat who hve cient, ane nd shifty serve hentia rma tho Boe ona aby They se ‘recognized word for er professlenam and cometencs, Issued on behalf ofthe Misty of Finance Date 17 ay 20 = Gu@ @ 100 "FAS" Te on serves (GELDENHUYS MALATH ATTORNEYS “wnthou praone” Pretorte Ena ‘el (ota) 5787 ‘ef: MalaVC 01744848 Dears fe BODALO cSt 7/5/205 Ts Hoon ABL STR RAV GORDA | acknowledge recto of your lettr deed 18 May 2016 and {hve noted the ‘contents. I would He to state upon thatthe media reports ver the lst weekend ‘ht he Hols wore about to arrest the Honourable Miniter of Finance are both rlidous afl, ‘is coect that 27 lst of questions ware sant to the Minter, andthe Minster has. ‘lied to those questions for whch 1 think him. The guetons posed to the [Niner wereinrtion tothe lovestigaton thats eanductd by the Hawks note ‘sctvs ofthe SARS un, nd the Miner ina a suspect thet Invest, As "Yu we aware, the questions posed te the Mintr were daestionquarons a’101 the at of he fc thatthe sald SARS unt was etablthed atthe ne when the ‘Minster was tha Commissioner of SARS, Inthe lh ofthe fact that the Minter isnot suspect in thisinvtiation, and no ‘ecloshas ben tan bythe DPC toarest hn, find unneceeary to update the Miser about the current stats of the investigation anasto how fart has Progresed ‘ean asure you thatthe DPC! wil take no ston sought to embarrass the Minster ot hurt Nn, ar wt take no tps which affect hin witout gog him prior notes. ‘Ath stag there should be no reton forthe Minter to be ence hope thi lath Minter’ concer Yous tops —evreuar cova, sso hos oaccrotreron ony Gon wernnon a oe: BDI —OF-AO [Giamatti lwsourereuoe or mcs 2 -5- 20 hee. ep leis. leuane 102 "FAQ" cents Mala toes Hafegins Oe Pat ‘64 Tens seat Groner war ‘CONTRAVENTION OF PUBLIC FINANCE MANAGEMENT AT, 168, PREVENTION OF THE CORRUPT ACTIVI ACT, 2004 AND CONTRAVENTION OF NATIONAL STRATEGIC INTELLIGENCE ACT, 194, ET ‘AL mRoonL cas anmsante 1. andy bese tate above mvesigton cag and your cen Pan Goins herby rmquse igi is velonon algae sod her under fom wa steer 2 Tee rematon stow dps athe morale nb apc a Crise of SARS ‘anchor nance, * approve hat ne Dpty Const cl SARS nan Fay x takes etre te ae 55 wh erent Eels fo ie GEPF wilt om hugs 010 snbathienpae, ‘SARS sau pay is eat oma pry oe aroun ct Rt 258 8 dee he eaty ‘erent berg for penonalcanseretons th empoyee, woe crest fe enoye ms py he {x raemert pray oh _spved a en Dep Corman of SARS, han Play eagle mae be sae aan a Deputy Conmssoer andi san rtm SARS scr cage on cone tas fara pet ot tee (3) yeas on te sare day, git 2010, at ogee oe ramet. he fests ceaton classe itn SARS under eters of ae an erst wich hens cole. vale, coe nlipence corey econ Seth Rasa Spe Intpnca a 380 1866 Page103 ‘CONTRAVENTION OF PLLC FNANCE MANAGEMENT ACT, 09, PREVENTION C= THE CORRUPT [ACTIVES ACT, 2004 AND CONTRAVENTION OF NATIONAL STRATEGIC INTELLIGENCE ACT, 194, ETAL BROOKLYN Cas ears 3. mute bgt ons steten na n atoverntones ects ano unused endive ‘ales ol sectos | nd ofthe Puc Farce Managarar At 850 ad len rd. wade execu nes of econ an 62 Pu Pbk Farce angen ta 1998 ‘nd ocorpon nso sctns 3,4 ade Dole evenion fCon Ns eked 1206 ‘ot and sete 3 the Naor Sele mies het 30! 6, 4 fan seca your cat Pravin Goran omet Sate ab (el shone nub OTE6S956) or waning ster Poa on 25 et 008 1, es marr, ec Cerra Pet ube Buln, 218 Visage stot Pretra, Alero, — moRODERL vaso onsnantb ce OE:TORATE FOR PROT AE WVESTIOATON weueowsn Dee: ale -08-2} Pagemasvepeineseae borascoure ain GILDENHUYS MALATUI ‘Tg HEAD- ORGANISED CINE 24 nuguat 2018 DIRECTORATE FOR PRIORITY CRIME INVESTIGATION Head oFrice PReToRA [ATT:MAJOR GENERAL MS. LEDWABA 8Y E-NAL: leowsbanaGeape.gov2 esr GoneralLesusbe, IRE: MINISTER PRAVIN GORDHAN wrmopucTion 1. ie act for Mine Pravin Gorthan, Ha hs asked us fo cespond to your later coed 21 August 2016 when was eroneousyadedead to Moss's Ash Lew” & Asozstee Atomeye bl dese oo oles, 2. Your quest cut fhe ue, alte nt ave 2 warning sate on the mats Lae in your lotr amas a 8 auras for ato easone Fea he hoad of ie Hawks Lintonat Gonsal Miomess, eure us nhs lero 20 ay 201 Da tote ste autpect mts moeigaion™ Sesing, the Minar hes alecy gon Ns seazun te mater etd yout. Ho a son 18 ay 2090 ni esponas to Gera Nomecas {uatons, ‘Tha he asserind of win yur eter under ry ot wal asd on any version elas, 3. Mater Gorthan has, however, tte ust be 28 hal 3s possble anata aderess your questo fly We aconingy nae swerortoy the Mitr ging hs eczount te Tate leva othe mates sed yourleter Ho hac soked ws lo aens the aerosol ew aden Yo" fete." We 0 0 800, 4, Miniter Gordan i unable to mast wth Bigeder Xeb0 st 1400 on ‘Thunsy 25 Auge 2016 He ary ovet ha ro moro ay about he mature reed in you iter unc roply It ou require farther rioeton, owever. you are weleome to ayereach us aga beoasothe Mir Rae Inacio to ad where ne exe 104 FA10"THE SARS INVESTIOATION UNIT 5. You ayn paregagh 2 of yur lotr ta he Minter facies th creation of he SARS vesgaton unt "wher gues, coleied, slated areata eigeree conay 0" secot 3 of te Natona Sree: Ingen Act 3 of 1856: You re, however, mistaen in yo ssceten Tale secon probing si igen gute 8, The relavant pat of © 31) fhe natiance Act ead a allows a he time wen ine SAAS unt was aiished (ofore earn naot3) “I any aw exes 7b mpleaton runs any departent of Satcher an fn A) 0 (SASS) to para oy tencon lh ‘gard othe socury of he Repub orto combating of ery {tool te sect he Repub, S03 lw shal be deed fnponer such doparmen! fo gater depart ieigenee Sr fo sats, cease ant Pore such mttgere rte Durpse of decharsng. such tineton; prone at such ‘aparnon of Site @ ® Stal nt gather deparimentsntigance min the Republic 8 7 The slashes ofthe SARS investigation Unt did ot convene ths provtion forte lowing ronsne 74 Seeton 31) oes not ose a general pont. & apts ony to ‘Rose ceparmais sata hat we regard yl to perl tnctens “wih regard fo he secury of tne Ruste 9th combing of any reat oth sncuny othe Repu ABS is ol eu 8 Capoten Nes ever engaged in atonal socuey raters nae ecedigy rotsitject io he ronan ne i) iB Seaton 3(1) 9 any event does not cht et cov tpence srirg. only phe te getherng of "departmental lions” 1 covert manner. The Act danas “separmenal mieligoroe” es “intligenes stout any teat or pearl dren fo tha nas! ces ang sly fino Repu”. The SARS un was neve engage ne guterig of raigence of is na, scues bus fal eal beyond fhe seope ofthe pronibon because was rt nthe bsiowe of staring iriigance stout ry trast pata teat a hearers Securty an sty of ha Rept 13 Yow npn suggast tat ti nan fr snybody to engoe a the covert gateng of cme lagence. ul sich an erpcaon ‘Seaty aba. Very many publi bodes engages he coves gathering {eve intlgence suchas most metopaan loc! saborses, SA, Eskom and rs rama bu ao 8 The Minster inary event teow in good ath thatthe unt was sevey lawl. "So chs secacsor an alto er sa agerces nth whore unt iterated for many year. Th Miser was secordngly fay cron ‘tay inocent ny me 105NWR PILLAY'S EARLY RETIREMENT ANO RE-APPOINTMENT 1 We assume that paragraph 3of your lata ler fo Mr Play’ early "atrrenana e-oppertment Plessis tnow nese miahan 10. You soem to sugges! hat Pile’ ent reliant and re-aponinen caused "unauhoreed expensture oc “uttoss and was engoraure® wwthin ha meaning o «tlhe Pale Pnance Moore het tt 199 ‘Mand az). You se, howsver, stata or 401. The PFVA apps atona! nd provi dopariments tt, the pu eis lata Sereaue 2 and 3 an conelutons lesions. "SARSis nota copartrent of ete. spot erly Since Sehocula 24, 102 Seaton 84 is pot of copie of he PFMA tha deals wih ara and rowel od rt splenic pubic nies aa. You re accorgly missan Sour assert al 5 Spies to SARS 103. Sectin 81() sop to ofits of deparmans of sas end oreo stivaons. SARS was never Gerstner ose andthe Miter was not an offal a SARS wen Mr Bay eo {ary retreent and was *-oppoted. The secon ecco Fotappicab 3 104, Nether s 84 nor 8 312) In ey even! cote a ciminlofence Even f thy were sppeata, hay woul aocragy be ene yeu earcamn 105 Your sserton to the Mister conte carved he cima ‘rohbons oe PFWA es ecardngy wha nine 1, You eco assert without exansion tat the Misars epee! of Me Pili’ ery escort and e-appeinmen. convened san 10 of ‘te Bovanon and Gontatng of Corupt Aces hel 12 of 2008, Your ‘steerfons ager unfounded fh flaming reasons 111. The lence of comupson uncer 8 3.4 and 10 the Compton ‘Act inne st place ocures hatte perpataloes crass fers o ave fo any alter parton any grafeaton Tho Iter ad nt geo agree fo give rathation eared. Ne ‘merely gave oftal approval ote proves of Ihe Comensone? {hat SARS: alow Mr Pay Yo take wary emen ond be re spportea 11.2. The oling of gatatn in any event does not sreunt 10 aru inst. hs corupt ofthe graaton hen ‘he mcient ‘oreo ack personaly ory nuenang enter ‘person sof actin an unawl manne Thre his note ee Sry suggestion thatthe Miter aprovd the Commission's ‘ops alr Psy be alowed ake ea retremet on be ‘re-applie o persuade hm oc unawtly ay way. 106107 1A. Tentmee pte gn hate tatacion ws eniey Tan Kran et ne ny even ocd ryan "2, Weustinatyou rhe stove nose Yours tly ‘BENS aL Aran er Tebogo Maas wrest =@ 108 “FA11 WEBBER WENTZEL naive wie > Linklaters ‘Shaun Abrahams Sa an antan National Director of Public Prosecutions Dee National Prosecuting Authorty Sunnah $20, Sa ae Velora and Grins Menge Bulting (Comer Westake& Hartey) 123 Westako Averte ect 2 tng ee PEABO a ee ost mn Litre err ain enaa tot Bera ery me invention ‘stele feseoathot sor mos is Dyna Bgl saranansanpa seekers gov: ohitmeoee apse eanaligege gar teen o2 44 sy: 124125 figwsyroeiocen! Femmes sare ese Se Investigation ofthe Honourable Minister of Finance Pravin Gordhan 1. We act for Freedom Under Law NPC and the Helen Suzman Foundation, non- governmental organisations concerned wih, amongst eer things, the promaton ofthe "le of aw andthe protecton of our canstzional project (‘our elents). hi Tet AWEBBER WeNT7FL ‘tems Liters Pope? 2 0n21 August 2018 the Heed Otfice ofthe Orectorate fr Prey Crime Investigation (the DPC) aderessed anc caused to be publshed a lter tothe atlomeys acting fot the Minister of Finance, Pravin Gorchan, MP (Minster Gordhan’) fo Minster Cordha ‘atioreys. We attch a copy ofthis lter mares "A" which (nthe opening paragraph) Cals on Minster Gordhan to “ave his vrsons on alegtions outined here unser nd (0 Paragraph 3) contends thet such allegations constiule ree. percewed ofances ‘commited by him 3. On 24 August 2018, tne atomeys acing ut beta Of Mlnster Gorghan sent Iter, 8 copy of wien Is atlached marked °B,inresporae toler “AY which on ay ceasing Constutes» comprehensive and concuslveretutaton ofthe alegaions onthe law and ‘on the faci alegod in letter "A". Later "B", moreover, sets cut (paragraph 2) that Minister Gorchan hac ina lotr dsted 18 May 2016 “ateady ghen his account ofthe ‘matters tite in your let” and that at he tine L-Gen Nlemeza, the hood of DECI had ‘ven the witen assurance tha "he Mitr 8 not a suspect n this investigation 4 Notwithstanding these circumstances, the Natonal Prosecuing Authotly (NPA) subsequently pubicly announced that had received the docket rang Ine aleged ‘offences commited by Mister Gorchan with a wew to his possible arest andor roseciton thereon and thal the mater was sillbeingeonsidered 5. The charges, such es they are, however, cla o events several years ago, have been ‘exrausvaly investigated by the DPCI ana leary reduced tothe simple slogasone and ‘responses set ou in ltrs “A’ and "B. The decton on whether to prosecute cannot resent any fectule lagal problem, ©. Your offees cannot be unaware of he grave damage tat has abeady been done to the South Afican economy by the publication of leer “A” and you must vealse that the Zonsequences ofthe Miniter being arated or charged woud be al he move calamitous {is plain that any prosecuon ar arest based on the above alegatens le without ‘oundaten, 7. Even there were a basis fora prosecution (which her snl). any treat, suggeston or attempt to erst Minister Grchan weulg, in any event, be a manifest abuse of process, designed to harass and embarrass i. 8. Accordingly, our eens require a writen undertaking from both your oie, by no later ‘nan 1200 neon on Monday, § September 2016 hat. (9) Mist: Gordhan wi not bo arested on any ofthe lmiges that nave Been leveled ‘gains him contained, or related othe grounds et fet in ler". (©) Our cients wi be given at least 20 days’ notice beore Mister Gorchan is formally charge by you onthe basi for related othe charges ao forth in later "A 20 thal ‘our eens may obtain interictary reli 109WEBBER WENTZEL ‘ete natn, Poge 3 8. Should you not timeously furnish the undertakings and information sought above, ur lenis wil assume thal tis atest conduct against Minster Gordhan is imply tontnuaton ofan unawful campaign of harsssment and intimidation witout factual or ‘egal basis, sacifcng tne natonal economy en the ala of pocel expeclancy. Our cients may ten without further neice seek to exercise thir fois Inu on an gent basis Yours tit PP. WesBER WENTZEL VMovshovieh Snot Nosmomontngeebenertl can 110Head ofce Tet s27 2048 200 ‘010381 9003 Fac 2 12845725 Veras Gans Meene Buling 173 ene Avo Wess Par eg x72 Pretors sou ica we 2028 National Prosecution Service Priority Crimes Litigation Unit “Snow moxevinc amon Reference: 10;/S/SARS/PCLU- 9/2016 Enquiries: K Benjamin 5 September 2016 Webber Wentze! Attomeys 80 Rivonia Road Sandton POBox 61771 Marsbaitown JOHANNESBURG 2107 By mail: viad.movshovich@webberwentzel.com CONTRAVENTION OF THE INTERCEPTION OF COMMUNICATIONS ‘ACT 1992, PUBLIC FINANCE MANAGEMENT ACT, 1999 ET AL: BROOKLYN CAS 42718/2015, 1. Your letter dated 2 September 2016 with reference V Movshovich ‘et al, which was addressed fo the National Diecter, has been ‘reroute tous asthe responsible Directorate to deal wit, refers, 2. The matter at hand deals wit individuals who had certain roles in the establshmentoperations ofthe High Risk Investigations Unit at, ‘SARS, The decision by the National Prosecution Authority cannot bbe communicate toa tid partyin protection ofthe Constitutional Fights of individuals concerned,412 {3 Its unclear in what capacty you send the lelier tous, The process at this stage remains between the State, the legal representatives ‘andthe indvid.as concered thy Drs Prohive Se ‘Acting Special Director {5 September 2016 BeRRE ean ll113 “FA13" Hos Soc eras 2148 Lovells aaa 8 Septbor 2016 suttene ‘Webber Wentzel ee by Ema adsmshoveh@ebbenerzs cn capa pool deintusteerver eect ‘Ar By Fax 927118308422 Aasodate Sere ita bat ar eaeunau canon Dents rt en mae ett Sci Srat steasaeer nc entseaemceeaataans Sthgmis Taco mune casesiana sass Dear Se Be: IvesTo4nions OF THe HONOURABLE MNISTER OF Fauuier: Paaun GomBuANNAToNA ‘Prosecure AUTHONTIDIRECTORATS FOR PRIORITY CME WESTIgTONG 41. We are insted to act fr and on Beha of the Netonal Head, Director for Pocky (im invesigation (OPC!) and he DPCI Coxe clans") 2 Your leter dated 2 September 2018, adiressed 10 the Natlonal Detor of Pubke Prosecuions, the Natonl Prosecuting Ahorty an the Netonal Head ofthe GPCI was fonvarée ous fer advice and asistance wih a response, 3. Weo notitend to Inga by way of cnespondence, nore prove a detld response 'e each and every allegation thar, Including your alas ofan unl campaign of harassment and intmiatin., sr our fahre to o so should na ba consitved es an ‘scission of te coeciness thereof, suc fo sate tat our lens hls fo respond {hott in deta, shoud become necessary to $0 respon, atthe aproprae tna and In the appopiai fone, are dy resend,114 ‘Webber Werte 6 Septrter 2016 4. Weare however insted the meantime oregon arto ows that ‘Ad Parsaraph 4 44 The contents thereof ae note, Ad Parsaroph 2-9 412 Our clon representative rterates the arsuarce gave to the Miser in letter adcresedio the Ministers atorseys, Gisorruys Mall} Atorey, tat he OPC wl not taka any stops which hes the poteral to embarass the Netsie witeut ging the Misr por note to that effec, We cof tat at assurance st sans 43. Our cients nave also takon note ofthe wien undertaking requ by your certs in agra 8 of your ltr under rey and have Instuted uso eaess You in paisa, Thorlo a ows tat (2) Our tents do nt have an abigaton to engaga with ay tnd partis such as yourselves on any saps at ou lens may soe take or dear to lake in ‘executing hs Suter ebigatons, ror fo ve your carte note of sry such ops: (0) Hower, cur cnts ae of ha view thatthe DPCI hasan obigatin and & dy to ngage with the Minster tough his atomeye as per his recut that a ‘commociatons poralning athe mater be adoresed to Ns tomes (©) Our cents wit therfore honour that undertaing by ensuring that any communication regarg ths mate is acrored ote str tomy, and ‘ot yoursehes. In any ever, noting produsee yourseves trom obtaining \whatover infomation you require from tho Minster Srdar Ne storeys, ¥ he rca so consents seh an rangement (© Furhomore, we have nt rcsivad om yourselves anything which supgets nat the Ministr hs mandated you be tushed wi documents and infomation pertsnng to tis rater, especiay gven that be Mister ha paoad on record ih ou dens, @ set of atomays whom he has ify mandstd to rapes 44 Inthe cleumstances, and fo the above reasons, wich are not enly exhaustive, our lets cece to prove the undertaking sought in paragraph 8 you'leter under repy. ‘5. Allour cents gs are duly ane uly reserve, Yours sincerely Hogan Lovells (South Africa) 51 Thema neurowen2se + epee115 "FA14" WEBBER WENTZEL natant» Linklaters ‘Shaun Abrahams So Rami nt Nationa Director of Publ Prosecutions Sense 28 Naloral Proseoating Aubry JP Pretorius Sc ‘Acting Special Director Nationa Prosecuting Athacty ‘su Thema Hogan Lovett ‘8y oma: skabrahams@nps.gov.a; kadwae@eape.gov.za; ‘eniaming@nps.gov-23; 5} hema@hoganloveliscom Yer eee rr ae "ase Renata Yontoten/P Gee /0.Cmn/ 7 pane 208 any Ope oussxasrc.u 2018 Sota ——— ee Dear Ss Investigation ofthe Honcurable Minister of Finance Pravin Gordhan 1. We oor to our eter dated 2 Soptonber 2016 as wat asthe responses frm the Acting Spocial Drector of te Nationa! Prosecution Senice Priority Chmes Uisgeton Unt dates ‘5 September 2016; and Hogen Lovels dated 6 Soplember 2016. 2, Wereter'o the following decisions (otecvly, “the decisions 24 the falure of the Directorate for Prsty Crime Investigation (the OPC) to isconinue ter investgalon into the Mnster of Finance, Pravn Go-dhan, MP (Minister Gordnan’) ater reciving be cesporse by Mister Gohan Gale 28 ‘August 2018 inlaton lo the loge crmina trangrossicns se forh nthe ORCI ‘eter of 22 August 2016 the alloged transgressions") 22 the derision taten by the DPCI to refer the invesigation into the alleged transgressions fe the National Prosooutng “Authorty NPAT. for" onssti sustenance A‘WEBBER WENTZEL ae Linkaers 23 24 a 32 33 Pege2 any dacilon by the NPA te prosecute Minister Gorthan In respect ofthe alleged Uenapressions the fadure by the NPA to deci to prosecute, o lo dieconiue any erminal procsedngs In relaton t,he sloged vansgressione, (Our tents request tne OPC and NPA to uish, by 14 September 2016, the folowing {ul writen reasons fo the decions: 2 copy of any docunsnt, comespendence and infomation which evidences or onsite tha decors; and 8 copy of any documents correspondence or iformation on the basis of which the ‘ecisions ‘were taten, and all documents, omespondence and. infomaton onsiezed bythe DPCI and NPA in taking ne decane ‘Should DPCI and NPA fa to dover the sbove inarmation tmeously or should the Information not negate cur cents conoarns about the uniawness of the decison, out lens wil have no option butt assure that there was no awd basis for he dein, land to gpnsider exercising thal ega rights onan urgent bas, VMovshovich at vc moaoGraberec 4116chs’ BEE . 1 ae wns leos gay ee a COPY: To be handed to accused =. summons W cana case Napinate's Cour at Pre [Resend aon Yanoer oi Fada Pri cone Test tat 0 ore tore accuse 1 "You raat smonedto appa in pttn tlre esto mene cut at 06 3c he above meena te glock mcanesson wre cares ot wnch he pobre sare mane sow ane ena 2 Anzamissons gut in ot mraytemede ono taore tothe Ges ofthe aboverertene Mapes Cott any ce saton mn he tac redron cl sd ot sthatuponoratet the I day ot Oeter Inmeyen 2010 anda ornear | @ | “mons the coed do wrong SEEATIACHED ANNEXURES Sooners | 5 Mami Susan nr sore etd nna ser eo ae fy depted (2 Fate coma wit emer ha soo marred ware ureons rendrsyou late fo te Stmprsonman 5 ceng hes ae - ae 4 Stouldyou dea apt echt) ge yu ar you win o maka ue fie prac, ua You cans afl’ ogo pacer spy ada Pw ec Lap Oe, 6-8-1 ML118 an ‘ADMISSION OF GUILT UNGER SECTION 7 OF ACTS OF 1877 ‘doherty soos lam guy oh eres) set mins sun sorte scanty outer [| I face) Tesmacist epsseding—cayeh, tera | cesarean Dalat |r srowrn roan 1 Shots yoy mens making use ote gosinsconuarts mut epstdn ae wh wi et enough io ‘rave hel lean tote tery etned on tere Pe nanerecoayem eae ‘ream aman er a posal rer or cca gure by bak wil be atcpas 3 Thesmans. sony you, mus acampany hfe coANNEXURE ‘a! THE STATE. ‘VERSUS ‘OUPA MAGASHULA, ACCUSED 4 IVAN PILLAY ACCUSED 2 PRAVIN GORDHAN ACCUSED 3 COUNT 1 THAT the accused are guilty of the crime of FRAUD read with Sections 1, 103, 250, 256 and 257 of Act $1 of 1977 and further read with section 51(2) of Act 105 of 1997, IN THAT upon or about 18 October 2010 and at or near PRETORIA in the Regional Division ot Gauteng the accused, did unlawfully falsely and with the intent to defrauel give out and pretencl to Nie Coetzee andor Susan Visser and/or Khethang Mokaena andlor the South African Revenue Service (SARS) and/or the National Treasury that SARS was liable to pay a sum of One Million one hundred and foty one thousand fone huncred and seventy eight rands and eleven cents Ri 141 178.11 toa the Government Empioyees Pension Fund an behalf of Ivan Pillay which amount was a penalty payable by Pillay to the Goverment Employees Pension Fund for taking early satirement for his own personal reasons, by requesting, recommending end approving that SARS should pay the said amount through a memorandum dated 18 October 2010, 119AND did there and then ancl by means of the said false pretences induce Nic Coetzee and/or Susanna Visser andor Khethang Mokoena andlor the South African Revenue Services or the National Treasury to theirfits actual prejudice to pay the sum of One Millon one hundred and forty one thousand one hundred and seventy eight rands and eleven cents Rt 141 178,11 to the Govemment Employees Pension Fund on behalf of Ivan Pillay WHEREAS when the accused so gave out and pretended they well knew that in truth the South AVfican Revenue Service (SARS) was nat liable to pay the amount of One Milian one hundred and foty one thousand one hundred and seventy eight rands and elever cents Rt 141 178 11 to the Government Employees Pension Fund on behalf of lvan Pillay thereby commiting fraud 120ANNEXURE "B 2 ro. poe THE STATE VERSUS OUPA MAGASHULA ACCUSED 4 IVAN PILLAY ACCUSED 2 PRAVIN GORDHAN, ACCUSED 3 Alternative to count? That the accused are quilty of Theft read with sections 4, 92(2), 260, 258 and 257 of Act 51 of 1977, further read with sections §41(2) of Act 105 of 1997 IN THAT upon or about 18" October 2010 and at or near Pretona in the Regional Division of Gauteng, the accused did unlawfully and ‘ntentionally steal an amount of One Million one hundred and forty one thousand one hundred and seventy eight rands and) eleven conts Ri 141 178.11, the andlor Susanna Visser and/or Khethang Mokoena andor the South roperty or in the lawful possession of Nic Coetzee African Revenue Services (SARS) 121ANNEXUIRE °C” Cesena P2016 THE STATE versus. OUPA MAGASHUI a AccuseD + IVAN PILLAY ACCUSED 2 counrz, THAT the accused are guilty of contravention ef Section 86 read yath Section 1, 38, 39 end 45. of the Public Finance Management Act, Act 1 of 1999 and futher read with Sections 1, 92(2), 250, 256 and 257 of Act 51 of 1977 IN THAT upon or about the date and place mentioned in count 1 Secused 1 whilst being an Accounting officer for The South Afvican Revenue Services (SARS), acting in concurrence wih accused 2 and 3 willy and in a grossly negligent way, caused SARS to incu or falled to Prevent iteguar, fhitless and wasinful and unauthorised expenditure ‘and thereby contravening the said sections of the Act. 122ANNEXURE 0) Case ty. ce THE STATE VERSLIS OUPA MAGASHULA ACCUSED 1 IVAN PILLAY ACCUS=D z Count 3 THAT the accused are guilty of the crime of FRAUD read with sections 1, 103, 260, 256 and 257 of Act 51 of 1977 and further read with section 51(2) of Act 105 of 1997. IN THAT upon or about 7" February 2011 and al o1 near PRETORIA in the Regional Division of Gauteng the accused, did unlawfully, falsely and wit the intent to defraucl give out and pretend to Chrisna Susanna Visser andfor Human Resources of SARS andlor SARS that SARS was authorised to enter into an employment contiact with Mr Visvanathan Pillay for @ period of five (5) years commencing on 1 January 2011 and terminating on 31 December 2015; AND cic there anal then by means of the said false pretences induce Chrisna Susanna Visser and of Human Resources of SARS and/or ‘SARS to her iis prejudice to a remuneration package for a period of five (5) years instead of @ remuneration package of three (3) years 123124 WHEREAS when the accuser! so gave nut and! pretend they wall ‘knew that in truth the South African Revenue Service (SARS) was only authorised to conclude @ three (3) year contract wih effect from 1 ‘August 2010 with Mr Visvanathan Pillay and thereby committing fraudANNEXURE "E ss0 no 2016 THE STATE versus IVAN PILLAY ACCUSED 2 PRAVIN GORDHAN ACCUSED 3 Count 4 THAT the accused aro guilty of the crimo of FRAUD read with sections 4, 103, 250, 256 and 257 of Act 51 of 1977 and further react with section $1(2) of Act 105 of 1997, IN THAT upon or about 1* April 2014 and at or nea PRETORIA in the Regional Division of Gauteng the accused, eid unlawfully, falsely and with the intent to defraud give out and pretend to Chrisna Susanna Visse! andlor Human Resources of SARS andior SARS that SARS was authorised to enter into an employment contract with Mr Visvananthan Pillay as Deputy Commissioner for a petiod of four (4) Years commencing wi 1 April 2U14 and terminating on 31 December 2018, AND did there anc! then by means of the said false pretences induce Chrisna Susama Visser ancl of Human Resources of SARS and/or SARS (0 her is prejudice to an annual remuneration sackage of One Inion nine Hundred and eighty nine thousands five Hundred andl eighty 125126 fine rands end fity twa cents for a petioe of four (4) years when theie ‘Was no approved internal memo or letter authorising seme, WHEREAS when the accused so gave out and pretended, they well knew that in futh the South African Revenue Service (SARS) was Under no obligation to enter into a new employment contract or extend the employment contract entered into on 7 February 20ttwith Mr Visvanathan Pillay as it stil had @ period of a year to run to conclusion ‘and thereby commiting fraud127 sommes SATEUENTBYGADENMUYE WALT OW UDI Cr UNTER REA Cee “FA16" MONE ABOUTUS XPRTEE —LaNrERE—PRACTICEAREAS —canetns contro ows history rotons WE ‘share ‘eosin hier nt hese sng a i”128 "FAI7" SABC Esl NEWS > Gordhan's fraud charges may be reviewed: Prosecutor @¢ c= grees hg se SS © Sewseescersn: at The NPA wil contr ts apronch and make dein at later sage Fepoding the roa sy oes seen et pono se tent a SRSSUS re maeancatieetes, enc greets eon a ne eng 4 eum sesame Sater uence et Eeeidoe canny aga cetsawaies erg Stang etna nem NACI SE Career annadetcwpeunadenneyeitretmritmtetON, YW129 see Winco om Seance NPA chief backtracks over Gordhan charges Abrahams says he did not take decision and is willing to review it Finance minister ‘explores his legal options National Proscuting Authority (NPA) boss Shaun Abrahams may have been luo funy in sume ‘moning Fiance Minster Pravin Gordhan to court to face fraud charges MAKEIT MAKE KENYA ph KENYE @ ‘On Tuesday, Abrahams said he was part ofthe collective that decided to charge Gordhan and two former South African Revenue Service ( SARS) officials, Qupa Magashula and ivan Pillay Hardly a day later, Abrahams took a step back in Parliament, saying he didnot take the decision and that he was willing to review it ‘The announcement by Abrahams that Gordhan was summoned to appear in court on November 2 qqp ot fad charges relating to his authorisation of erly retirement for Pillay, sent shock waves through Othe economy and raised fears ofa Cabinet reshuffle, {thas also emerged that early retirement, such as Pilay’s isa common occurrence in the public service and was provided for by the Government Emplayees Pension Fund (GEPF). ‘Addressing the portfolio committe on justice and corretional services on the matter after brief {ng iton the NPa's annual report, Abraham said the dedsion to charge Gordhan was a result of work by his team of prosecutors. “Section 22 (2) ofthe NPA act enjoins me to reviewa matter and invite representation from the ‘aceused and complainant.” But on Tuesday, Gordhan’s storey Tebogo Malti intimated that Abrahams had acted in bad {ith fr filing to allow the minister an opportunity to make representations, ‘He revesled that Abrahams had given a written undertaking to consider a request forthe minister to make representations once a docket from the Hawks was received, However, Abrahams failed to do ‘this and Mala received a letter dated October 4 on Tuealay, shortly before the announcement of th ‘summons, indicating that Gordhan was an aceused person. GGordhan said he was exploring his legal options, ry130 ‘wane enon oe coen ours “There are thee possible options in this regard — one isa stay of prosecution, the second isto simply face the charges and the third isto ask Abrahams to review the decision in terms of Section 179 of the Constitution, ‘Abrahams sui this setion provide thatthe national director of public prosecutions may iter- ‘ene inthe prosecution process when policy directives are not being complied with and review a deci- sion on whether to prosecute. ANC treasurergeneral Zwveli Mize was the ist “top six leade ofthe party on Tuesday to ert. i the aoe against Gordhan, describing the cat ges a5 sul envi” and “hl “The issues that are being raised are abit ricky in the sense that people retire and get brought back. Ithere was any error in tha, it becomes an administrative, internal ise tat the Department ‘of Public Service and Adminstration generally handles,” Mhz said, adding EARLY RETIREMENT SUCH AS PILLAY'S 18 COMMON IN THE PUBLICSERVICE that it was his personal view. Gordhan wl face two counts of fraud. Inthe frst he is aceused of misrepresenting tothe GEPF (pit SARS that ey sented ol pensionable beets interme ofthe employer nated severance package to the tune of Rim, ‘The minister faces another count forthe extension of Plays employment contrac ‘The GEPF on Wednesday ssi in terms ofits rules, members could retire at any time after their ‘sth birthday and before they turned 6o with writen permission from thes employe. "The legislation provides for an executive authority to allow for an employee to go on eatly retire- ‘ment and concomitantly the GEPF law requires tht actions taken by the employe, which places an additonal financial obligation on the fund, must be made good bythe employe,” the statement sai, ‘The fund said that it played no role in the decision to approve or disapprove the eaily retiement ofan employee. Thee unions working i the publi sector sai it was common for employees to take ‘arly retirement ifthe required the money and many would then be re-employed on a contract basis Mbhize said, fortunately the matter would be ventilated in court and described the Treasury as “stickers onthe Publie Finance Management Act >) would therefore be interesting to see how the ourintepreted the mater, be sid © corainyin a sume of those instances isnot eommon that an exetie authori the one whois charged, ittends to be the administration that manages a lot of those issues. So it tends to bea very nebulous process to deal with that matte.” eee ae 7131 "FA18' WEBBER WENTZEL. eatacewn > Linklaters Shaun Abrahams aterm ston National Director of Public Prosecutions sa National Prosecuting Authority Sets S08 rea toi ard Grits Mange Bung (Comer Westlake & Hatoy) ae ouee oe hers Weaving Park, Sveton eee Protoria REG Sine ee seennbevatzl om WP Pretorius 6 Fens Seti Bret of utc Preseatons a elena [National Prosecuting Authority URGENT Verge Btn (Coe West ey) evens en en Sten moe ol by hand By email: skabrahams@npa.gov29; Kbenjemin@npa.gov.za By fox: 012 043 2220, — este om peer Fecseayromoce — Tews Ser ad EE owe ‘Summons in criminal case against, inter alos, the Honourable Minster of Finance Me Pravin Gordhan: Summons 874/16; CAS: Brookiym 42710820%8 1, We ct for Freedom Under Law NEC and the Helen Suzman Feundalon, none ‘overnmenil organisations concerned wih, amonget ote things, the promotion of the ‘le otaw and the protection of ou eonatstonelprcjec (‘our ellen)WEBBER WenrzeL Page 2 2 We adress his eter on behalf cur ents acting in thelr own and inthe pub interes 3. On 41 Ottobor 2016, summons no. 574/16 was sare on, ner alos, the Honourable Mnstr of Finance, Me Pravin Gordhan, MP. In tes of annexes A.B and E thera ("the charge sheet), the Honourable Ministers charge wih 5:1 frau, allematvey tet In rlaton to the skeged peyment by the South Afican Reverus Service ("SARS") to the Government Erpoyees' Pension Fund (the une) of R1,141,78.11 on behal of Mr Vavanatnan Pity, wher such sum was slegediy 2 penalty payable by Mr Pia to the Fund (coun tend he atlemative to count ofthe charge shee) at 32 raud in ration tthe reiting of hr Playin or around Api 2044 (count & of the charge sheet, (colectvely, "th charges"). ‘4 As prefaced in our previous corespondence, you condut in pressing bales charges ‘2geinst the Minister of Fiance ha, and coninues te have, devastating consequences for the Republic and its exonomy. This Is # mater of paramount publ intrest and our lens itend to review and set aside your decision to insiue the charges against the Minister of Finer, under he consttuonl principe of tgaliy and otherwise, ness you \witoraw te decision or funish a cogent basis for the acons taken. It has been hel in 8 long te of cases tat cur cllenis have standing and an inlerest to bring such proceedings. 5. The charge, suchas thay ae, are unsusarabi in aw and fect, and may be actuated by onerous reckessress or Weir purposes on the pat of te Netonal Prosecuting Authority (NPA). 8. nrespec of charge 1 (rave, sternly het), we nol the folowing: 61 Mr Play was cesry ented under the relevant legislation govering pubic Servants’ reroment fo rele fom te age of $5. This was an integral pat of ris ‘employment restenship wit the South Aican Revenue Service 'SARS") 62 Im terms of the Rules of the Government Employees Pension Fund (EPR), however, a retkement before 60 years of age cones retirement prior tothe 132 aLWEBBER WENTZEL ‘seen Linklaters 63 esa e33 64 Pages Pension rtemont dete and & penalty (by way of deduction) wouié normaly be applesbl tothe payout on such ear rtirement ‘Al the relevant lessaton, however, prods for that penal or deduton to be ped by SARS cr the Govirent of he Rspublicof South Aa Rute 20 of the Rules tothe Government mplayees Pension Fund Law, 1986, (COEPF) slates that “Compensation to the fund on retirement or ischarge of » member prior to atalnment of the members pension ‘tirement date, Wiout detracting tom the generality ef section 17(4) ofthe Law, the Government or the employer or the Government and the employer sal © member, except for a reason in née 14.1.%(0), retires, Docares ented in terms of ule 14.8 fo the pension bene in trms of @ severance Package, refered to in that Rule, os aecharged prior to hi a her pension ‘etrement date and at such retrement, enttemert or charge in terms of ‘he res becomes ented tothe payment ofan annuity or grat or both an uty anda rtuty in terms of the ries, and ay ofthese actions result in 42n eckdiont franc abity fo the Fund, pay to the Fund the adetional financil obligations as decided by the Board acting on the advice ofthe ‘otuary. Such payment othe Fund with interest to ascout for any delay in ‘Payment, shal ben accrdance with» schedule approved by the Board* Section 17(4 of he Government Emplayses! Person Fund Law, 1996, wich ‘ales that "I ary aston taken by the employer orf any legato adosted by Periament paces eny action! franca! alton on the Fund, the fempleyer cr the Government or the employer and the Government, a the ase may be shall pay tothe Fund an amount which is required to meet uch obligation’ Government Erpyeet Penson Fund Members’ Gul, page 34, which ‘reads "Where the employer granted permission fr your early retirement, your ‘benofis wil not bo scsled down. However, your employer wil pay an ‘adaltional aby" Inlight of the above alors, he charges ate unsustainable. 133 ny?Weeeea wentzcL 85 651 os2 653 os 601 67 m8 12 73 insatre ‘The postion is smpy renorced by te folowing contemporenacus documentation ‘elated tothe rotremen of Mr Play ‘The introfice memorendum dated 27 November 2009 from Me Pay to the ‘en Commissioner of SARS (annexed marked A) ‘The Legal ané Policy Dhision memerandum dated 1? March 2008 (annexed marked "6 ‘The memorandum deted 12 August 2010, and approved by he Minister on 18 (October 2010 refered to in count annexed marked "Cr, ‘Th shove corespondence nt ony references the relevant eisai, bt als. ‘ss out cogent reasons fr lr Plays cicumsances; and cits the fect thet over 3000 government employees have ken early rettement wih ft benefits. 11s plain tom te legit that the ratrement of Mr Pilay eis et require the Ministe’s approval ata: SARS and the government woud be fsle to pay any ‘eat retrement penalty, But to the extent that he Minister gave hie approval was eaty i ne not ony wit a raf of legiseton but also ample precedent. ‘The allegation hat he NPA could ever prove aud or tein hose ccumstances in ‘elation tothe payment ofthe penalty preposterous, In respec of charge 4 (raud), we rote he folowing ‘The charge is incheate nd incomprehensbie "cis nay aleges that SARS was not aurried to employ Mr Play a¢ Deputy [Commissioner for © pers of four years from 1 Apel 20%4 to 31 December 2018 “The alogd issue i thus euhory. There is nethng in aw o fac however, which states at SARS was net empowered hire Mr Playas Deputy Commissioner for ts pore, Under the relevant legislation, SARS is, infact, empowered to employ is Deputy Commissioner. Secton (1) of he SARS Act empowers SARS to "determine ts 134 4135 WeBGER WeNTzEL wns Linate's Pages Wn Staff estabishment, appoin! employees and detomine fat terms and ‘candtons of emeloymen in sccrdence with section 16% 74 In tespct of serior management SARS employees, the Minster of Farce f ‘story charged with approving the tems and conditions of ter employment (uncer section 18) ofthe SARS Act) 75 Thats reisely what happened in his case, SARS appoted Mt Pilay end the Minister of Finance approved hs tam and condtons. The amployrent agreement tached marked "D” 76 Thus the alogedrepreseraton (occured a alli comect in aw and tin no ‘way urdawt 7-7 Thera fs also no bass forthe aloged prejudice. Mr Psy, with = proven tack ‘cord and years of exemplary service o SARS, woud be rendering servces a ne Deputy Commissloner for the amounts which would be paid to tim under the ‘employment agreement. In any event, Mr Palsy employment wth SARS could be Canceled on one mantis writen notice -accoringly, SARS ever ft aggrieved or ‘reused by Mr Plley’s employment, tis could have been remadied on one montis noice. 7.8 The raudent introns alegedly grounded Inthe fa tha! the Miner of Finance raw that SARS was under no obigatin 10 enter ino @ new employment ‘sgrtement, But the sleged misrpresentation Is thal he Mitr of Finance sited that SARS was empowered (rol obliged) to hte Mr ila, and 80th intentions Imelovan tothe ateged rauculent conduct 7.8 Utimatoly the charge of roud is nonsensical, is bad in ac and law, sr cannot be ‘ustine, © In respect of boty charges, even I is assured (conta tothe sepostve analyis shove) thatthe conduct ofthe Minster of Finance was not tit in sccordence withthe law, there is no basis for imputing a fraudulent o furtive inten fo him and none has boen suggested 9. Indeed previous crrespanence trom the Directorate for Pry Crime nesigation nas never bean sleged that Minster Gordhan commited aud oF thet. Rather, the136° ‘WEBBER WENTZeEL ‘tment Liters i. atons were reaches of the Prevention and Combating of Corrupt Actes Act 2004, Public Finenee Mangement Act, 1909 and Nations! SvategcIncigence Act 1904 *0. In ight ofthe above, please conf, in wring and by no laler than 16:00, 21 October 2016, that the chatges against Mrster Gordhan wl be withdeun 1%. Should you rfute or fa to witharaw the charges es set forth above, then for the Purposes of esses tek poston andthe breaches of your consUlutinal and satory ‘blgatons, cur cients requte you to frish the folowing infrmation ae reasons, by no later than 18:00, 21 October 2016 111 the record of decison in respect ofthe decison to issue the summons and prefer {he charges agains! Minister Gohan ‘the Decisions) 112 ful writen eesons, and substantiating cocumant, which supped the Dedsons; 173 without deogaing fom the above, all reasons explsning why, deste te factul ‘atric in reaion to the charges boing known (and being in the pcre) for ‘many years, the Decisions wer taken now, ‘114 without derogting om the above, the evidence (atsmatvely «summary thee) roving! 44 the unlewl itenton equited succesty to prosecute the charges; 1142 that Mister Gohan made any misrepresenation as requied for the ‘Purposes of estabshng fraud and that euch misepresenation ndved the rtons dtd in counts 1 and 4 ofthe charge sheet oc the prejudice; 143 the Act of eporopiton (or contetatc)atibutod to Minister Gorchan fn respect’ the alleative charge of het 115 whether any ober instances of Stale employes taking early retrement wih fil Bensionwithou any penaty payment being pid bythe employee) are / have been Investigated ant are being conser for ciinal prosecution onthe bats of aud ortho137 ‘WEBBER WENTZEL ateen Lnieters ooo 7 318 whether any oer Instances of Stato employoos being ved afr taking exy fetrement are / have been investigated and are beng considered for exminal Prosecution on the basis of aud 17a sof all cases which have been or are being criminally prosecuted, or are beng ‘considered for criminal prosecuton, which flate to Stato employees taking cary ‘atremont wih fl pension (and no penalty payment by such employee: and 11.8 also at cases which have beon or are bung rina prosecuted, ose being considered for criminal prosacaton, which relate fo Sate employees taking ary ratement and being retired 2 Shout you not unconatonaly witsraw the charges against he Minster or fuish the Information sought thin the te periods se fot above, our lens wil assure that ro ‘reasons forthe Decisions, and no documents eter than the dacuments annexed to ths lotr, ews in support of the charges "2. Our cles may then, without further notice, seek to exercee thle rghs in aw on an urgentbasi,138 "FA19) OFFICE OF THE NATIONAL DIRECTOR ‘OF PUBLIC PROSECUTIONS epabce tom bee hon neaegrcamoen nt to Ptr Webber Wentzel POBox6i771 MARSHALL TOWN 2107 Dear Sir Fail vind maushouichi@webbenventzel com THE STATE VERSUS OUPA MAGASHULA, VISVANATHAN (IVAN) PILLAY [AND PRAVIN GORDHAN 1. Yourleter dated 14 October 2016, the content of which i noted, refers 2, As you are aware, the decision to prosecute Minister Pravin Gordhan was ‘made by the Acting Special Director of Public Prosecutions and Head Pritt Grimes Litigation Unt, Or Terie Pretorius SC, in eonsitation with the Director of Pubic Prosecutions, North Gauteng, Adv Sibongile Mzinyathi in terms of section 24(3) ofthe National Prosecuting Autharty Act, 32 of 1998 (the NPA Aer). 3. Section 179(5\() of the Conattuton, which Is replicated in 622(2Ke) of the [NPA Act, empowers the National Directer, if requested to do 0, to review a ecision to prosecute or not to prosecute, after consuling the relevant Director and afer taking representations, within a period spociied by the NNatonal Director, of the accused persons, the complainant ad any other person or party whom the National Director considers relevant 4, Earlier today Messrs Oupa Magashula and Vievanathan (van) Play, tough their legal representatives, made representations to me in which they Justice In our soctety 20 that people ca live In freedom ana securityFeoquested me to review the decision by the Acting Special Director of Public Prosecutions, 5. 1am presenty considering the aforementioned representations. 6. In giving effect tothe provisions of section 179(63d) of the Constitution and section 22(2\(c) of the NPA Act | hava further Invited Minister Gordan through his layers, to make representations o me by no later than 17400 on 48 October 2016. 7. Iwill consider al hese representations. Yours sincerely Qud> ‘ADV SK ABRAHAMS NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS PATE IT — ro - Dalg ‘evo br estan SE eA 139140 "FA20' WEBBER WENTZEL Sotince mins Linklaters atzA a Saar onctons somuras oaleerane hee Se eetewe et iat sir Cona ste Ane ‘atas kee aoe een Stn pose oe a Sree eniaah mane Ly — on oe = Si he ae Summons in criminat case against, inter alos, the Honourable Minster of Finance Me Pravin Gordhan, MP ("Min. Gordhan"): Summons 574/16; CAS: Brook} 427/0S/2015 (the Summens") 1. We eter to yourlater ted 17 October 2016 (your letter) 2 We note that Hin. Gordhan has pubs his intention nat to mate representations on ‘ho bans that he believes you are capable nether of being independent nor cf cbectively ‘considering his representations conceming the charges put ohm he Summons (the Charges") 3. There Is much to be said for Min. Gorchars peslon. The conduct ofthe National Prosecutng Authorty, including yours, has not been cherecerised by anything ‘sppronmating the necessary obectvty or cue care. From the ckcumstances, i appears that you may wei rave been the person who tok the dil to insite the Summons In any ovent, twas you who ennounced and speciialy jute, wih much fanfare, the [Charges boing brought against Min. Gorchen lst week, There is ro basis to suppoce Se of eretlsy, uF may be ented 10 exerase, an independent scr nhs mater, cece aaah z i‘WeBOER WeNTZEL eens inlaters Poge2 4. We point out tht secton 179 ofthe Constiton and section 22(2X¢) of the National Prosecuting Authority Ac, 1996 (the Act) contemplate representations by “any thor _erson er party wham te National Director considers fo be relevant." Without in ary wey ‘scnowledging that you have net disabled youreel tom raking an unblased and legtimate decison and witout preucce to any revew grounds to be pursued by our ‘ents, eur eens have made submissions to youn ou eter dated 14 Ocober 2018 as to why the Charges ee insuperable and mus be withdrevn (our 14 October letter) We eccoréngiy assume that they wil be considered by you alongside the other ‘epresenaton, which in paragraph 7 ef your ltr youndcate you willbe considering, 5. Should we rot receive your decision to withdraw the Charges by 18h00 en Friday, 21 October 2016, our cients may, without further notice, Seok to exercise tei rights in law on an urgent bess. We ako remind you of he need to furnish our cents with the Intoration set forth in our 14 October letter, shout the Charges not be withdrawn. For e250 of reference, wo relterate that he nformaton ought ete folowing: 5.1 the record of decision In respect ofthe decision fo esue the summons and prefer the charges against Minstr Gardhan (the Decisions") 52 full writen reasons, and substantating documents, which suppor the Decisions; 53 without derogating trom the above, al easons explaining wy, despite the facts! matic in ration tothe charges being known (and being in the pubic ream) for ‘many yeas, the Decisions were taken now; ‘54 without derogating from the above, the evidence (alematively © summary thereat) roving: 541 ‘he unsuful intemton requtod sucess to prosecute the charges: 542 ‘thot Minster Gorthan mace ny misrepresentatn se required for the purposes of establishing aud and that suth misrepesenation induced the Persons ced in count 1 and 4o he charge sheet 0 al ote prejudice: 543 the act of appropaton (or conrecate) atrbuted to Minister Gordan in respect of the atrative charge of ht. 55 whether any otter instances of State emplyoes taking erly ratrement wih ful pension (without any penaty payment being pat by the employee) ae nave been 141WEBBER WENTZEL ‘seem Liniitrt Pages Investigated and ae beng consicerod fr criminal prosection on the basis of frau onthe 55 whether any other instances of State employees being hited slr taking cary retrement are J have been investigated and are being consiered {cr criminal ‘prosecution on he bai frau 57 alist fal cates which have been or ae beng eminaly prosecuted, or ae being condor for erinal prosecuen, which relate to State employees taking early ‘eirement wth fll pension (and no perly payment by such employes: and SE alist cal cates which have bosn or ae beng erminaly prosecuted, o ae beng considered for criminal prosecuton, which relate to State employees taking early retirement and baing rehired. Yours tty freseee wenrzet, VNovshovien Ena edmouousn getter 142143| comes or rsaronas omecre A21 Sr rdw Ie NSSeeaTONS st i a ema Pt a Fer fo tern “Your ray Mah Bai Cr aly Wi ye SHY 24 Odteber 2016 Webber Wentzel POBoxsi771 MARSHALLTOWN 2107 Dear Sir Email. vlad. moyshovich@webberwentzel. com SUMMONS IN CRIMINAL CASE AGAINST, INTER ALIA, THE MINISTER OF | FINANCE, MR PRAVIN GORDHAN, MP ("MIN GORDHAN") ‘SUMMONS 574/16; BROOKLYN CAS 427/05/2015 (“THE SUMMONS") 4, Your letters dated 18 and 21 October 2016 refer. 2, The tone of your letter dated 18 October 2016 is rather regrettable. | ‘3. The allgations levelled therein and conclusions reacred are without merit. 1 however do not intend to respond to each and every avorment therein and my. failure not to respond thereto nor to comment thereon should not be: construed as my acquiescence therowith, 4. | take urbrage at the malicous and unfounded assertions conceming my billy 1 exercise my responsibilties independently ard objectively. The less. said about this a this stage, the better 5. | did not take the decision to prosecute, The decision to prosecute Mr Magashula, Mr Pitay and Min Gordhan was made by the Acting Special Director of Public Prosecutions and Head: Priority Crimes Liigaton Unit in ‘consultation wth the Director of Public Prosecutions: North Gauteng, in terms. Justice in our society so that people can live In freedom and security‘ofthe provisions of section 24(3) of the National Prosecuting Authority Act 32 (of 1998 (the NPA Act) 6. As alluded to in my llter dated 17 October 2016, I have been requested by the legal representatives of Mr Magashula and Mr Pilay to review the ‘aforementioned decision to prosecute them in terms of section 179(5) of the Constitution. In addition to the verbal representations submited by the legal representatives of Magashula and Mr Pillay, writen representations were also received on 18 October 2018. As such, | am reviewing the decision to prosecute Mr Magashula, Mr Pilay and Min Gordhan. 7. The issue of review in terms of section 179(5) of the Constitution and section 22(2)(¢) ofthe NPA Act is a matter thats stitly between the National Director, the accused persons and their legal representatives, 8, In considering the submissions of Mr Magashula and Mr Pia, along wit the information you provided in your later dated 14 October 2016, Ihave directed further investigations to be conducted to assist me in reaching a decision herein. 9. | regard this matter as urgent and wil be in communication with the legal representatives of Mr Magashula and Mr Pilay to advse them of the outcome of their representatio's once | have received the additional information requested and have considered same, 10.Simiarty, | wil advise you of my decision herein as well 11.1 have noted the reservation of your client's right to launch an urgent application “should the charges not bo withdrawn by 16:00 today’. | am attending to this matter urgently as empowered to do so by the ‘aforementioned enabling legislation. The additional information requested is necessary to allow me fo come toa decision herein, 412. Tho time mits which your cients have uilateraly sought to impose upon me, Insofar as they claim a right to do so ~ which I do not debate at this stage — are unreasonable in the extreme to say the least, x rely IW 144, ‘ADV SK ABRAHAMS NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS DATE: 21-19 - 2olGane ‘ove -mutaace 145 Ponies. "FA22" "Shaun Abrahams won't give me a fair hearing’ - Pravin Gordhan (ct 14, 2018 TG Dita Finance Minister Pravin Gordhan does not have any confidence in the National Director of Public Prosecuticns's ability oF willingness to afford him a fairhearing. ‘Suh atten Financ Matar Pravin Gordhan, Fle photo Photooch by: Shine Stoke Finance Minister Pravin Gordhan does nothave any confidence in the National Director of Public Prosecutions's ability or willingness to afford him a fair hearing. This is according to his lawyer Tebogo Malai. “Tose acceding to is ayer Tebogo Maa + omunon buster Willie Hofmeyr alianshimsit with Gordhan ‘tn timesBv.coalplicaZ6 16101 rr upon ster Vile He alannah Gordhan) atonal Deco of Pile Prosecutions Shaun Abra snnaunced on Tuseds hat Gana, omar SARS mms soner Ou Magashua an former deputy commissioner f SARS ivan Piay wil be fared wh ra + NPA fcea egal challenge ovecGondtan charges fito:hmmsmesv.cozalnoliaZ01SAONANPA.nces- ‘naabchatenae-oerSordhancharmes) “The charges tlt to Play's erty retro fam SARS and of anteng it & new enplymert ceria wh Play for ' pate of four yor fom Ape 1 2014 ana tamnating on December 31 2018 Goran ecu a appear cout ey Abrahams tll the Parser Petoso Commitee on Jusica and Cantonal Services on Vednesay thal Gohan Is welcome oaproah him emake representations regucng he charges at have been peered apa him Rejecting this, Gorhais awyor si in sttement on Fray "Minster Goran as tken ge! edie on th at ed decided nt to make reposertstions tothe NDP” “The main reason fri sone that he doesnot have any cadence inthe NDPP's sy or wilrgness to afr sien pla ihtan enenotgeneeti te Rein creeks NYsorvane Tineve rita 146 "is we mpestedy ated the NPA fot ha ince an erntiny ta maka gteaston otam bere they esse wane to prose th nite they spud ou requests "Second the NDPP's conduct this press corfererce announcing the decison o charg he Minister made clear hit cee tothe prosecution. “Tic havng now hd an operant ty the charges aginst the Mitr, i lo cero tha they mantest a ‘este and ot wo funded deterinaten oposecite he Mise a al cone. Ary reresertatins tthe NOP ous! acer be pots.” “Mister Pravin Gorehan conus to take egal couselin roar to ways arc means to bing the mtie o an expected tnt. Malai si ominrt lawyer Advecate Win Tengove SC ae well as aovocstes HamitonMaenele SC and Zyaod Navsa ilo assteg the ministers defence team no0u~ inetnees2apancuaeTUNeSREeRITEnr Orem easing147 - "FA23" Government Employees Pension Fund MEMBERS’ GUIDE NSS IMPORTANT INFORMATION Paarl iueletsis SoMiahiamea ey SO aie} ieee Oren iniesEarly retiremen You may retire before your 60th birthday if you choose to do 0, with or without the approval of your employer, {you retire early, your benefits will also depand on whether you have less than 10 years, ‘of pensionable service or more than 10 years. Sac AROS nie Bea You receive a once-off lump sum called a gratuity, which you can invest, This lump sum is equal to your actuarial interest (he value of your benefits in the ‘Your benefits consis of two parts: + A once-off jump sum called a gratuity, which you can invest: and + A. monthly: pension caller Fund, based on a formula), Choosing early retirement means reduced benefits Before you make the decision to retire early, ou need to ask yourself three critical questions: Can | afford to retire early, given the reduced benefits? Can | maintain my standard of ving throughout my retirement? Will my surviving spouse be able to meet the financial obligations left behind if ie?conrooma, Internal Memorandum wr Oa PuReOcE ‘The peel is esau i pa Rav Reged sk ay ater swe o request yuo eons ‘oresmment pss savy be Mecano ats tt low mydeco eel Discussion ‘Asoka ha en wating he Piece a ‘man paral peta epacaly my rr wih SARS, las xed a param atavery hgh el ecangane by sores tg uh te peremarce cucha ihe. This ec st em ne he ee aly ea endo sly trerairg. Ae osm reposts, eg, iden ait el eden eget yb. he fereenioed mi, stg oa ae decent even ‘oa. sence abou SARS ard enendue ony mses ons xsi een eter Sou Ai rats cas ita ie hte, lm ig sere SARSin aie ceed ate he ema sb lps sup esos Lani he thse ng ay eee. Sou you tory conermy prope seve SARS a antsy, uch sn wire be uel tha ‘be sppotind 8 comact ene. Th slow ne mofetil ems of aing a es aly at ay wh SARS seca och ein. The scandent tne nati aprve see othe rvs eon HES) re (te Pe SecA, rearing Hu hei, ne of eo he ‘roan sein soe bt pony ings nny gern bits le 1433 of GEE Rus, be Pair SARS oe GE, The GEPF asin ale pet neu nny non bet a be empyetas sayon ybbR 29270