Sars ‘rogue unit’ accused mull civil action

The so-called “rogue unit” former accused are mulling civil action after the criminal charges against them were yesterday officially withdrawn.

“Most certainly, they are considering their position,” their lawyer, Bernard Hotz, told The Citizen yesterday.

Hotz – who represented Ivan Pillay, Johann van Loggerenberg and Andries Janse van Rensburg in their case before the High Court in Pretoria – would not be drawn to comment further, though, nor did he indicate at whom any potential litigation might be aimed.

A statement – issued by Hotz on behalf of Pillay, Van Loggerenberg and Janse van Rensburg – earlier in the day spoke of the toll the case had taken on them and on South Africa.

“While commentary surrounding these charges and the myth of a ‘rogue unit’ at the Sars have entertained many a political and legal pundit, there is no accounting for the distress that these charges and the entire ‘rogue unit’ falsity have caused the families of our clients, their colleagues and friends, and more seriously, for the massive damage it has done to Sars,” the statement said.

It said the “rogue unit” narrative had been “central to the capture of Sars”.

“Very simply, those who steal from the state don’t want to pay taxes or have their criminal proceeds affected,” the statement read.

“The decimation of Sars’ enforcement capability took place as those carrying out their destructive agenda used the ‘rogue unit’ narrative as a cover and a distraction for their own misdeeds. For a long time, this smokescreen hid from sight the evisceration of Sars’ capability to effectively enforce tax and customs law. This led to untold losses to the nation’s purse and a general decline in the levels of tax compliance.”

In 2018, Pillay, Van Loggerenberg and Janse van Rensburg were summonsed to appear in court in connection with a case opened by ex-Sars commissioner Tom Moyane three years earlier.

The three were accused of having been members of the Sars “rogue unit” and authorising the bugging of the National Prosecuting Authority’s (NPA’s) Pretoria offices in 2007, as well as paying – or agreeing to pay – another Sars official R100,000 to carry out the operation, which has since been dubbed “Project Sunday Evenings”.

They were charged with contravening the Regulation of Interception of Communication and Provision of Communication Related Information Act as well as the Prevention and Combating of Corrupt Activities Act.

Last year, though, they applied to the National Director of Public Prosecutions, Shamila Batohi, to have the charges withdrawn and earlier this month, Batohi’s offices announced they had been successful and that the NPA would not be proceeding with the case.

Yesterday’s statement said the “rogue unit” narrative continued to be used as “a cudgel by which to attack the current Minister of Public Enterprises, Pravin Gordhan”. This in an apparent swipe at accusations levelled against Gordhan by the Economic Freedom Fighters (EFF) in recent weeks and months.

“Our clients believe that they beat the empty vessel of social media in the hope that the noise they create will distract from their own wrongdoing. They profit from the dysfunction in state institutions,” it read.

The various allegations levelled against Pillay, Van Loggerenberg and Janse van Rensburg – along with others – have been viewed by many as part of a smear campaign.

News that the charges against Pillay, Van Loggerenberg and Janse van Rensburg were being dropped was welcomed by Freedom Under Law and the Democratic Alliance. It was, however, slammed by others, including EFF leader Julius Malema, who last week indicated his party would be challenging Batohi’s decision.

– bernadettew@citizen.co.za

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