EFF makes Sars rogue unit report public

Pillay, who is implicated in the report, has launched an urgent bid to keep it out of the public domain

THE decision by the EFF to publicly share a report on the intelligence gathering unit of Sars, which later became known as the “rogue unit”, has set a cat among the pigeons.

As a result of the contentious decision, former acting commissioner of Sars Ivan Pillay, who is implicated in the report, has launched an urgent bid to ensure that it, which he claims is still classified, is not permitted to be utilised by the public protector or the EFF.

The report by the Inspector-General of Intelligence shows that Pillay allegedly gave instructions to a team in Sars to establish an intelligence gathering unit that would be capable enough to “cripple” the National Intelligence Agency (NIA).

Extensive data gleaned from the 65-page report shows that Public Enterprises Minister Pravin Gordhan was aware of the unit even though he denied its existence and later claimed it was lawfully established.

The report, available on the website of the EFF in a raw format (without redacting sensitive intelligence information like names of spies), was also attached as an annexure in the EFF’s court papers responding to the hate speech charges that Gordhan had laid against Julius Malema and Floyd Shivambu.

The report was compiled by the late advocate Faith Radebe, who was responsible for intelligence oversight in the country.

While for years the public only relied on news snippets to know was what contained in it, the decision by the EFF to release the report, which was classified as “secret”, has given a rare glimpse of how the unit was established.

Focusing on the role of Pillay, the report noted how, based on information obtained from one of the operatives, Pillay poached operatives from established intelligence gathering units of the state like Sass (South African Secret Service), NIA and DI (Defence Intelligence) to rival and later “cripple” them.

Pillay’s attorney, Bernard Hotz, said his client disputed the accuracy of the report.

“It will be abundantly apparent from a reading of the affidavit of Pillay, to which is annexed a very detailed affidavit deposed to by Van Loggerenberg, that this report cannot be relied upon at all and amounts to nothing less than a travesty of justice.

“This matter will be heard shortly before the North Gauteng High Court.”

The application was filed on Monday, the same day the EFF made the report available to the public.

Turning the heat up on Gordhan, the report said he was in February 2007 aware that Sars was not legally mandated to collect any form of intelligence – thus he knew of the unit.

When the then Minister of Finance, Trevor Manuel, wanted to shut down the illicit trade in tobacco by gathering intelligence on the role-players, Sars under Gordhan wanted to provide funding to NIA to do so, but that had to be formalised in writing.

However, the personnel had already been recruited at Sars, implying that the tax agency went behind the NIA to establish the unit.

Responding on behalf of Gordhan, his attorney Tebogo Malatji, said the Nugent commission found that the unit was lawfully established.

The spokesperson of the EFF, Mbuyiseni Ndlozi, insisted that the explosive report had since become a matter of public record after a court ruling on Monday.

“On Twitter he said: “There was an entire court case yesterday (Monday) where a JUDGE RULED that the Report be part of Open Court Papers.

“Meaning it is now public! Therefore it’s not a LEAK!”