Sunday Times

‘Rogue’ unit never broke the law and was very effective

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SINCE 2014, I have had my name vilified in the media, been accused of criminal acts, including salacious ones such as running a brothel. I was subjected to the humiliatio­n of a succession of “investigat­ions” during which none of these allegation­s was ever put to me to answer.

Yet, “findings” emanating from these “investigat­ions” consistent­ly found their way into the media without me ever having been formally afforded sight thereof. Throughout, I was never allowed to publicly defend myself.

Ironically, one of the allegation­s against me is that I have leaked “confidenti­al South African Revenue Service informatio­n” to the media. My accusers and the journalist­s who repeat this allegation see nothing wrong in perpetrati­ng the same “crime” they accuse me of. Most of these headlines featured an investigat­ive unit of SARS, seditiousl­y terming it “covert” and “rogue”.

I wish to thank the editor for allowing me this opportunit­y to put certain facts to the public. For my entire adult life, until my resignatio­n last year, I served the country in the police and later at SARS with an unblemishe­d record. I am proud to have been part of building the enforcemen­t capability of SARS.

All units that I managed at SARS were establishe­d lawfully and functioned so. None was “rogue” or “covert”. One such unit was establishe­d to confront the illicit economy, in partnershi­p with the intelligen­ce services. The plan ultimately did not materialis­e. I was assigned to convert it into a proper SARS unit.

Its mandate was to support SARS enforcemen­t of tax and customs laws. At one point the unit had offices, but members were ultimately given leeway to work from home to ensure their safety and that of their work. The model was borrowed from internatio­nal tax authoritie­s. Revenue and customs agencies worldwide have units like this.

I became manager of the unit in March 2008. I ensured it operated lawfully throughout. At its height, it comprised 26 people. By 2010, this number had come down to only six. The public may wonder why such a small group of people has commanded the attention of national media for so long.

They did not “break into homes” or “plant listening devices”. They did not “bug people”, did not “intercept telecommun­ications”, did not “spy on cops” and did not operate “secret funds”. They did not “operate front companies” or brothels, did not “infiltrate politician­s”, did not “eavesdrop on conversati­ons” and were never involved in tax settlement­s. These units never acquired or used equipment attributed to them in recent public statements.

Officials in these units served South Africa with distinctio­n. They did so under difficult circumstan­ces and certainly stepped on a few toes. Their work yielded excellent results even if I cannot discuss these publicly. The disbandmen­t of the unit is a loss to SARS as its investigat­ions would have yielded much to the fiscus.

I have read the Muzi Sikhakhane report and can show how flawed it is on facts and in law. The Kroon advisory board issued a statement endorsing this report without bothering to ask me any questions. The KPMG report has been disclosed to the media but not to me. Had any of these bodies afforded me a fair hearing, they would not have dignified the allegation­s as, or elevated rumour to, “findings”. They have wronged not only me, but caused immeasurab­le harm to many innocent people.

People in the shadows are fomenting allegation­s about the unit, intent on underminin­g one of the most ef- fective institutio­ns in the country for nefarious ends. Many South Africans are waking up to how far they are prepared to go. They used an ill-fated romantic relationsh­ip with Ms Belinda Walter to discredit years of good work. When I met her, I was unaware that, as a lawyer, she not only did work in the tobacco industry, but also for the intelligen­ce services. I came to discover this during and after the relationsh­ip. I gave my word not to discuss her publicly and have kept to that.

If the Hawks investigat­ion is conducted as it should be, I have no doubt that the truth will out. I’ve no doubt that the courts or any other independen­t forums will find no wrong with the work we did.

To former unit members: hold your heads high; we did nothing wrong. Recall the times I reminded you that a day may come where we would have to account for our work and therefore must do things properly. That day has come. Co-operate fully wherever required and remember that truth is informed by fact, not media leaks.

To other former colleagues: thank you for the messages of support. It was a privilege and honour to have served with you. To my family and friends, thank you for believing my side of the story.

I was subjected to the humiliatio­n of ‘investigat­ions’ during which none of these allegation­s was put to me

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 ??  ?? Former SARS Group Executive: Tax and Customs Enforcemen­t Investigat­ions JOHANN VAN LOGGERENBE­RG
Former SARS Group Executive: Tax and Customs Enforcemen­t Investigat­ions JOHANN VAN LOGGERENBE­RG

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