South Africa: Public Protector Answers Seven Burning Questions On Gordhan Report

Public Enterprises Minister Pravin Gordhan (file photo).

Was Public Protector Busisiwe Mkhwebane selective in her finding that Minister of Public Enterprises Pravin Gordhan is in breach of the Executive Ethics Act and guilty of maladministration? We put questions to her spokesperson, Oupa Segalwe.

Question: Why did the Public Protector not provide Public Enterprises Minister Pravin Gordhan and former deputy SARS commissioner Ivan Pillay with copies of the draft report as is the usual practice?

Answer: It is incorrect to say that the Public Protector did not provide Minister Gordhan and Mr Pillay with copies of the draft report. They were served with notices in terms of section 7(9) of the Public Protector Act, essentially to be made aware of advocate Mkhwebane's contemplated findings. This was for the purpose of soliciting their comments and/or representations pertaining to the potential findings. The minister has also argued that he was not favoured with a copy of the report prior to the Public Protector's press conference. It is important to stress the point that the Public Protector's findings are made public in terms of section 182(5) of the Constitution, read with Section 8(1) and (3) of the Public Protector Act 23. None of these provisions entitles anyone to receive reports before...

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