Sars ‘rogue unit’: Propaganda will always remain for those it benefits, says Loggerenberg

After eight years of torment for former South African Revenue Service (Sars) group executive Johann van Loggerenberg and many others at Sars, the “rogue unit” saga can finally be put to bed.

Suspended public protector advocate Busisiwe Mkhwebane took another hard smack after the Constitutional Court dismissed her latest appeal bid over the controversial Sars “rogue unit” report.

‘No reasonable prospects of success’

The ConCourt’s order between Mkhwebane and nine respondents – including Public Enterprises Minister Pravin Gordhan, President Cyril Ramaphosa and former Sars commissioner, Ivan Pillay – found her leave to appeal application had “no reasonable prospects of success”.

Earlier this year, the Supreme Court of Appeal (SCA) dismissed Mkhwebane’s “application for reconsideration of her petition for leave to appeal” the 2020 ruling of the High Court in Pretoria, which set aside her “rogue unit” report.

In her report, Mkhwebane found the formation of the intelligence unit was unlawful and Gordhan – who was Sars commissioner at the time – had violated the constitution. She also found the unit steered irregular and unlawful intelligence operations and that Sars failed to adhere to procurement rules when it bought spy equipment.

‘Rogue Unit’

But Gordhan said there was nothing “rogue” about the unit, which investigated tax evasion, and questioned Mkhwebane‘s motives for conducting the investigation.

Van Loggerenberg said it was well beyond time for “this entire orchestrated propaganda campaign to be put to rest for those of us and our families affected by it directly and indirectly to be allowed to get on with our lives”.

Van Loggerenberg said the entire campaign had cost SA, tax and customs authority “dearly” and the country would live with the consequences for many generations to come.

“My and others’ uncontested evidence on oath before various open and public platforms, including all levels of our courts, speaks for itself,” he said.

He said the inspector-general of intelligence report of 2014 had also long been “consigned to the dustbin”, along with the so-called “Kroon media statement”.

“As a fact, none of these so-called panels ever relied on any received evidence on oath, nor were any of those affected by them ever allowed to be heard, nor allowed to cross-examine any of the faceless and known protagonists they sought to rely on,” he said

“None were independent of each other as professed in any event, as they all in one way or another relied on each other and the very same protagonists in what can only be described as mere regurgitation of each other. I’ve always called this a classic display of circular logical fallacy.”

He added no one ever allowed those who were pronounced upon to see their “reports” and were also not afforded any right reply.

He said reports were inevitably leaked to achieve maximum media exposure.

“Every time matters were challenged in independent and open platforms, under oath for the public to see, the propaganda was shown for what it is,” said Van Loggerenberg.

“I’m under no illusion the propaganda will always remain for the few to whom it is politically or otherwise expedient, but that is something I’ve come to accept and live with. I have nothing further to say at this stage.”

Justice served

Speaking for the other respondents, attorney Bernard Hotz said at long last justice had been served and it was important to realise what state capture did to SA.

“My clients, as well as all the people who worked in this unit, their lives had been a living hell for years, simply because they were doing their jobs properly.

“It is an excellent day for justice but you cannot ignore the tremendous turmoil all these individuals and their families had been put through simply to enable state capture.”

Mkhwebane and her office were ordered to pay the costs of the first respondent, Gordhan, and the seventh, Pillay.

– lungas@citizen.co.za

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