The Public Protector has found that Public Enterprises Minister Pravin Gordhan, violated the constitution when he approved the establishment of the so-called ‘rogue unit’ at SA Revenue Service (SARS) during his term as Commissioner.
“Allegations that Mr Gordhan during his tenure as the Commissioner of SARS established an intelligence unit in violation of the South African Intelligence prescripts is substantiated,” Busisiwe Mkhwebane said at a briefing in Pretoria.
Mkhwebane directed President Cyril Ramaphosa to take disciplinary action against Gordhan within 30 days for violating Section 209 of the Constitution in establishing the covert intelligence unit.
She said this amounted to maladministration and abuse of power.
Mkhwebane also wants State Security Minister Ayanda Dlodlo to fully implement the recommendations of a 2014 report by the Inspector-General of Intelligence into the unit.
The Public Protector also urged South African Police Commissioner Khehla Sitole to investigate Gordhan and then Deputy SARS Commissioner Ivan Pillay for setting up the unit.
Gordhan has consistently denied that the unit was illegally established, insisting that its formation formed part of a crusade against illicit practices in the SA economy.
Mkhwebane said her action into the SARS unit was initiated following a complaint by Economic Freedom Fighters leader Julius Malema.
The Public Protector also reported that a fresh complaint against Gordhan was recently lodged at her office, this time relating to Gordhan’s stint as Minister of Cooperative Governance and Traditional Affairs (COGTA).
