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Public protector Busisiwe Mkhwebane.
The public protector Busisiwe Mkhwebane received another judicial blow today, after the North Gauteng High Court found that it had shown bias in its report on the so-called “rogue unit” of the South African Revenue Service (SARS).
He had set aside a 2019 report from Mkhwebane that Public Enterprises Minister Pravin Gordhan, a former SARS commissioner, had violated the Constitution and intelligence laws by establishing the unit in 2007.
The unit was accused of conducting illegal intelligence meetings, such as placing listening devices in the home of former President Jacob Zuma. These allegations were published by the Sunday Times, which later retracted and apologized for them.
Pravin Gordhan.
The unit was actually a legitimate investigation unit within the SARS compliance division, and had been known at various times as the special projects unit and the national investigation group. It was dissolved in 2014.
The court described Mkhwebane’s conduct as “egregious”, and further found that he displayed “bias” towards Gordhan and former Deputy Commissioner Ivan Pillay. It found that it did not take into account the withdrawal of a KPMG report on allegations of a rogue unit, and that it did not apply its mind to the infamous Sikhakane Report, which the court said had reached incorrect conclusions.
The court also said he had lied about being in possession of a classified report from the Inspector General of Intelligence.
The ruling stated that the Mkhwebane report “failed on all points. We are satisfied that the report is the product of a totally irrational process.”
In response, SARS said the ruling brought a “necessary closure” to the saga of the “rogue unit” and “confirms the powers of SARS to collect intelligence information related to tax crimes.” The tax authority said it is still working to restore its capacity and integrity.
Mkhwebane’s office said in a statement today that the ruling “focused exclusively on the laws that were violated when an illegal intelligence unit was established in SARS and the illegal operations in which the unit participated.”
The statement says it is looking into the reasons why the court annulled its report, adding that the ruling cited Gordhan’s “vitriol” in the Mkhwebane litigation, saying the court called the behavior “irrelevant, outrageous and damaging.” .
REDUCTION: Here are our top reads on this decision
THE STORY | Court Attacks Discredited Source Documents Mkhwebane Relied On For Rogue SARS Unit Findings
THE REACTION | ‘I can only echo the judgment’: reacts Johann van Loggerenberg, former SARS executive
MKHWEBANE EVISCERADO | This ruling should put an end to the fake news and propaganda surrounding SARS, argues Pieter du Toit of News24.
