High Court sets aside ‘rogue unit’ report

PUBLIC protector advocate Busisiwe Mkhwebane was yesterday dealt another legal blow when the North Gauteng High Court reviewed and set aside her report into the existence of the so-called rogue unit at the SA Revenue Service (Sars).

Mkhwebane, in July last year, released the report on the alleged violation of the Executive Ethics Code by Public Enterprises Minister Pravin Gordhan as well as allegations of maladministration at Sars during his tenure as commissioner at the tax collector.

Mkhwebane’s report found Gordhan to have presided over the establishment of an intelligence unit in violation of the SA intelligence prescripts, which illegally spied on people.

Mkhwebane had also recommended that President Cyril Ramaphosa take disciplinary action against Gordhan. Yesterday, in handing down their judgment, high court judges Selby Baqwa, L Windell and Annali Basson found Mkhwebane to have been dishonest and biased, and further found her investigation to have fallen outside her jurisdiction.

The court ruled that Mkhwebane’s “rogue unit” report had “failed at every point” and that it was “the product of a wholly irrational process, bereft of any sound legal or factual basis”.

“It cannot stand and must be set aside.”

Mkhwebane had been supported by the EFF in defence of her report.

This was Mkhwebane’s fourth high-profile report to be reviewed and set aside by the courts.

Mkhwebane was also slapped with the cost order, 15% of which she must pay from her own pocket.

Werksmans Attorneys, which represents Ivan Pillay and another senior official Johann van Loggerenberg, said the two welcomed the judgment.

“The court has confirmed what our clients have always contended: the Sars investigative unit was established lawfully, successfully pursued the national interest and was never covert or ‘rogue’,” the law firm said.

Mkhwebane and her office had not reacted to the ruling by deadline.