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 1 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 toSouth 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 7 7 72 73 | 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 8 8.1 82 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",