Public Interest SA Applies to Join PIC Court Proceedings as Amicus Curiae in the Public Interest

JOHANNESBURG | Monday, 27 July 2026 — Public Interest SA has filed an urgent application in the Gauteng Division of the High Court, Pretoria, seeking admission as amicus curiae (friend of the court) in the proceedings concerning the precautionary suspension of the Chief Executive Officer of the Public Investment Corporation (PIC), Mr Patrick Dlamini.

The application is not brought in support of any litigant, nor does Public Interest SA seek to advance any factual version or obtain any substantive relief. Its sole purpose is to assist the Court on questions of law, constitutional governance and proper judicial process in a matter of profound public importance.

Public Interest SA has made it clear that it takes no position on the allegations made against the suspended CEO, nor on the merits of his application. Those issues remain for determination by the Court on the evidence properly before it.

Rather, the organisation is concerned that extraordinary developments occurring after the institution of the proceedings have fundamentally altered the governance landscape of the PIC.

Following the precautionary suspension of the CEO, the resignation of the Chairperson and several members of the Board has left the institution without a functional governing body while the litigation remains pending. At the same time, the Financial Sector Conduct Authority has commenced a formal investigation into the PIC, and a successor Board has yet to be appointed.

In these unprecedented circumstances, Public Interest SA believes the Court would benefit from independent submissions concerning the legal and governance implications of granting final relief affecting one of South Africa's most strategically important public institutions.

The PIC manages in excess of R2 trillion in assets, principally on behalf of approximately 1.7 million current and former public servants through the Government Employees Pension Fund (GEPF). Decisions affecting the governance of such an institution inevitably carry consequences extending well beyond the immediate parties before the Court.

A central issue Public Interest SA intends to address is whether the GEPF, as the PIC's principal client and the custodian of the pension assets under management, ought properly to participate in proceedings that may directly affect the governance of the institution responsible for managing those assets.

Public Interest SA will also seek to assist the Court on broader questions relating to:

• the statutory governance framework governing the PIC;

• the constitutional principles of accountability, legality and sound public administration;

• the Court's inherent powers to regulate its own process in the interests of justice;

• the implications of granting urgent final relief where the decision-making Board has effectively ceased to exist; and

• the need to preserve public confidence in institutions entrusted with public resources.

Importantly, Public Interest SA will not seek to argue the contractual disputes between the parties, challenge or defend the allegations against the suspended CEO, or substitute itself for any respondent. Its submissions will be confined to legal principles and issues of proper process that may otherwise not receive adequate consideration in the exceptional circumstances presently confronting the Court.

Statement by Tebogo Khaas, Chairperson of Public Interest SA

"This application is not about personalities. It is about protecting the integrity of the judicial process and ensuring that decisions affecting one of South Africa's most important public institutions are taken on a complete legal footing."

"When governance structures change fundamentally during the course of litigation, courts should have the benefit of independent submissions addressing the broader constitutional and public-interest implications. That is precisely the role an amicus curiae exists to fulfil."

"The PIC safeguards the retirement savings of approximately 1.7 million public servants. Whatever the outcome of the litigation, the public is entitled to have confidence that the Court has been assisted on all relevant legal and governance considerations before making a determination."

Public Interest SA remains steadfast in its commitment to promoting transparency, accountability, ethical governance and the protection of public institutions that safeguard the interests of all South Africans.

ENDS

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