Sars warfare back in court
The SA Revenue Service (Sars) wars saga continues today in the Pretoria Magistrate’s Court, with Andries Janse van Rensburg, Johann van Loggerenberg, and Ivan Pillay appearing again on charges of illegally intercepting communications and corruption related to the installation of cameras at the National Prosecuting Authority (NPA) offices.
Supposedly called “Project Sunday Evenings”, the three were accused of spying on the Hawks’ previous iteration, the Scorpions, and the NPA in 2007, through the equipment at the NPA’s head office in Silverton, Pretoria, during the case of former national police commissioner Jackie Selebi.
The NPA’s list of witnesses include suspended Sars commissioner Tom Monyane, his former number two, Jonas Makwakwa, and disgruntled former Sars employee-turned-alleged rhino poacher Michael Peega.
Other witnesses include former finance minister Trevor Manuel and advocate Gerrie Nel.
It’s been a little more than two years since the release of the Sikhakhane report and nearly two years since the release of the Kroon Advisory Board recommendations – and now a pending commission of inquiry into Sars.
Through most of this, Van Loggerenberg has remained mostly silent, not discounting his book Rogue: The Inside Story of SARS’s Elite Crime-busting Unit which, although tying up many loose ends, being constrained by the Sars Act has meant he hasn’t been able to speak out too much against the findings of the various reports.
Yesterday, Van Loggerenberg spoke out against the findings of the reports which had slammed him and refuted them in their entirety. He called the Sikhakhane panel report flawed in fact and law.
“The manner in which some taxpayers in dispute with our tax authority have sought to use – or abuse – this flawed report as if fact, which it most certainly isn’t, in litigation, using what has become known in certain legal circles as the ‘rogue unit defence’ is simply a disgrace,” Van Loggerenberg said yesterday.
His full, line-by-line response to the reports – available on The Citizen website – described how some witnesses whose “bogus” allegations were reflected uncritically in the report and as a result gone on to act as “witnesses” and assistants to advance the “rogue unit defence”, was an even greater travesty of justice.
“Let me say nothing about the fact that they then actually got paid by these taxpayers to do so,” Van Loggerenberg said.
“I would advise extreme caution on any party which seeks to rely on the Sikhakhane panel report as if conclusive and factual.
“Had the Sikhakhane panel and Kroon Advisory Board allowed me a hearing and put all allegations made against me, which they did not, and allowed me to respond thereto, they would not have made the adverse comments, findings and recommendations that they ultimately did.” The acting chief inspector of mines is compiling a report on all accidents at Sibanye-Stillwater mining operations since the beginning of this year, Mineral Resources Minister Gwede Mantashe said yesterday.
“This will enable us to take appropriate action, guided by the Mine Health and Safety Act, as opposed to a knee-jerk reaction,” he said.
“To date, Sibanye-Stillwater operations are responsible for 20 of the 45 fatalities reported since the beginning of the year. It therefore cannot be business as usual in how the regulator attends to this situation.”
There would be an update once the report was completed. This matter was receiving urgent and serious attention, as it deserved.
“We wish to reiterate our commitment that mining is about people,” he said.
Turning to an incident reported to the ministry concerning the Mpumalanga regional office, Mantashe said it appeared that section 54 of the Mine Health and Safety Act was abused, wherein an official allegedly issued notices and demanded financial compensation in return for their lifting.
The official in question was suspended, pending the investigation. – ANA