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ORIGINAL * IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA In the matter between: PRAVIN JAMNADAS GORDHAN!9 -7- | 9 and ‘THE PUBLIC PROTECTOR BUSISIWE MKHWEBANE THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA THE SPEAKER OF THE NATIONAL ASSEMBLY ‘THE MINISTER OF STATE SECURITY ‘THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS ‘THE NATIONAL COMMISSIONER OF POLICE VISVANATHAN PILLAY GEORGE NGAKANE VIRGIL MAGASHULA isfy Case no: Applicant First Respondent Second Respondent \ Third Respondent Fourth Respondent Fifth Respondent Sixth Respondent Seventh Respondent Eighth Respondent Ninth Respondent NOTICE OF MOTION PLEASE TAKE NOTICE PART A 1 ‘The applicant intends to apply to this Court at 10h00 on 23 July 2019, or as soon thereafter as counsel may be heard, for an order in the following terms, 1.1 Itis ordered that Part A of this application be dealt with as one of urgency and that the applicant's failure to comply with the Uniform Rules and Practice Manual be condoned. 1.2. Itis declared that the remedial orders in paragraph 8 the Public Protector Report No 36 of 2019/20 (‘the Report’) of § July 2019, are suspended pending the final determination of Part B of this application. 1.3 The first and second respondents are interdicted from enforcing the remedial ‘orders pending the final determination of Part B of this application. 1.4 The respondents who oppose Part A of this application are ordered to pay the applicant's costs, on a joint and several basis, or, if it is unopposed, an order that the costs of Part A be costs in the cause of Part B. 1.5 Further and/or alternative relief. The accompanying affidavit of PRAVIN JAMNADAS GORDHAN together with its annexures will be used in support hereof. The applicant has appointed the address of its attorneys, as set out below, at which it will accept service of all process in these proceedings. If you wish to oppose Part A, then you must, by no later than 12h00 on Monday 15 July 2019) 44 42 give notice of your intention to oppose with an address within 15 kilometres of the office of the Registrar where you will accept notice and service of documents; and File your answering affidavits to Part A, if any. PLEASE PLACE PART A OF THE MATTER ON THE URGENT ROLL ACCORDINGLY 5 The applicant shall, on a date to be arranged with the Registrar, apply for orders in the following terms: 54 5.2 53 5.4 55 ‘The Public Protector's decision, in terms of section 6(9) of the Public Protector Act 23 of 1994, to entertain the complaints upon which she reported in the Report, is reviewed, declared unlawful and set aside. ‘The Report is reviewed, declared unlawful and set aside. It is declared that the Public Protector and Advocate Mkhwebane personally, acted in breach of their constitutional duties to be independent and to exercise their powers and perform their functions without fear, favour or prejudice. It is declared that the Public Protector and Advocate Mkhwebane personally, dishonestly or, alternatively, recklessly made her findings in the Report against the Applicant in that they knew that the findings were false or were reckless as to their truth, The Public Protector and Advocate Mkhwebane personally are ordered, jointly and severally, to pay the applicant's cost on the scale of between attomey and client.