Protector backs EFF’s report call
Public Protector Busisiwe Mkhwebane has come out in support of the Economic Freedom Fighters (EFF), arguing that a 2014 classified report, which found the SA Revenue Service (Sars) “rogue unit” was unlawful, should be made public.
The EFF is opposing State Security Minister Ayanda Dlodlo’s bid to stop the classified report, compiled by the inspector-general of intelligence, from being made public. The report alleged the covert intelligence unit at Sars was unlawful.
The report is highly controversial as it is largely based on information from State Security Agency (SSA) operatives implicated in discrediting Sars officials. Former Sars deputy commissioner Ivan Pillay called it a “travesty”.
Nevertheless, Mkhwebane said the report supported her findings that the intelligence unit had acted unlawfully. In her affidavit filed in the High Court in Pretoria on Friday, she said the “applicant” promised to give her a declassified copy of the report for her separate investigation into the “rogue unit”, but “failed to deliver”. Dlodlo is the “applicant” in the matter.
Last Monday, the EFF released the classified report on its website. This followed a separate Equality Court ruling in which Public Enterprises Minister Pravin Gordhan’s bid to have the report struck from the record, in that case, was dismissed.
But Dlodlo is still pursuing her high court application to keep the report kept secret, arguing that it is classified, exposes SSA operatives and endangers their lives, and prejudices the SSA and the foreign intelligence agencies with which it works.
In court papers, Dlodlo said: “The document does not lose its classification merely because it has been disclosed in the public domain.” Dlodlo attached to her court papers a request by EFF chief whip Floyd Shivambu in July for a declassified copy of the report.
Meanwhile, Mkhwebane had obtained a classified copy of the report, which she wanted to use as part of her probe into Gordhan. In that report, released in July, Mkhwebane found that Gordhan had violated the constitution for his alleged role in the establishment of the covert intelligence-gathering unit, later dubbed the “rogue unit”. Gordhan has taken that report on judicial review.
In papers filed on Friday, Mkhwebane said the minister had undertaken to give her a declassified copy, but had not. Mkhwebane also said there was no reason why the inspector-general of intelligence’s report should not be publicised “as it is already in the public domain”.
Mkhwebane said the report should be publicised because “[it] is necessary in the review application and demonstrates the reasonableness of my report”. – News24 Wire