Weekend Argus (Saturday Edition)
Gordhan issue peaks
Public protector gives president 30 days to act against public enterprises minister
THE impasse between Public Protector Busisiwe Mkhwebane and Public Enterprises Minister Pravin Gordhan is heating up as the chapter nine institution leader has given President Cyril Ramaphosa just 30 days to take action against Gordhan.
This, she said, is for Gordhan lying to Parliament and for the establishment of the so-called SA Revenue Service (Sars) rogue unit.
In an explosive report released by her office in Pretoria yesterday, Mkhwebane said she would give the president less than a month to indicate what action he would take against the former finance minister.
“The allegation that Gordhan during his tenure as the commissioner of Sars established an intelligence unit in violation of South African intelligence prescripts is substantiated,” reads Mkhwebane’s report.
She also found that during his stint as the general manager responsible for enforcement and risk, former acting Sars commissioner Ivan Pillay had established the rogue unit without the involvement of the State Security Agency (SSA, formerly the National Intelligence Agency).
But in a brief statement issued soon afterwards, Pillay flatly denied this, saying he had not even seen Mkhwebane’s report.
Mkhwebane meanwhile said Gordhan, at the time, had asked for permission to set up an intelligence unit from then finance minister Trevor Manuel after it had started gathering information covertly. She said that Gordhan had breached the Constitution because only then-president Thabo Mbeki had the powers to establish a covert information gathering unit.
Gordhan’s successor Oupa Magashula is said to have also lied under oath by denying the existence of the rogue unit, according to Mkhwebane.
Mkhwebane also found that Gordhan deliberately misled the National Assembly by claiming he never met the Guptas.
According to Mkhwebane, Gordhan conceded to not having disclosed that he had actually met a member of the Gupta family in 2010.
Mkhwebane said Gordhan conceded that, at the time of his parliamentary response, he could not recall as he had forgotten about the meeting with Ajay Gupta.
She said she found it implausible that Gordhan was only reminded of the meeting by his former chief of staff and current National Treasury director-general Dondo Mogajane.
Mkhwebane has since ordered SAPS national commissioner General Khehla Sitole to investigate Gordhan’s criminal conduct and that of officials involved in the establishment of the so-called “rogue unit” for violating the National Strategic Intelligence Act. She also ordered all intelligence equipment used by Sars to be returned to the SSA.
Mkhwebane defended her findings on Gordhan despite the commission headed by retired Supreme Court of Appeal Justice Robert Nugent stating that the rogue unit was not illegal.
She said the commission was not a constitutional institution. “I never issue a finding without evidence.”
Mkhwebane said she would not dictate the form of discipline Ramaphosa should take against Gordhan.
Mkhwebane also revealed that SACP first deputy general-secretary Solly Mapaila did not retract his claims that she was being used by ANC factions to oppose Ramaphosa.
Mkhwebane had written to Mapaila to retract his claim within five days but his attorneys refused to retract it and she is taking legal action.
Mkhwebane said she did not have any ulterior motives. “I am just doing my work.”
The DA ha in the meantime said its commitment to upholding the rule of law always supersedes personal and political disagreements and now that Mkhwebane had made her findings the law must take its course.
The EFF welcomed Mkhwebane’s report.