‘You’ve got it wrong again,’ Gordhan tells Mkhwebane

Public Enterprises Minister Pravin Gordhan has hit out at Public Protector Busisiwe Mkhwebane, accusing her of getting it wrong once more.

Mkhwebane was demonstrably biased against him and failed to be independent, impartial, dignified and effective, as was required by the constitution, he charged.

Neither his office, nor anyone in his legal team, had received a formal notice, correspondence or report from the public protector about “alleged findings and remedial actions prior to these being announced by her to the media today, including on YouTube live streaming”, Gordhan said.

“Minister Gordhan has instructed his legal representatives to consider the public protector’s report upon its receipt and to prepare an urgent review. We will announce the details of the envisaged legal action next week,” a department statement said.

Among the findings was that Gordhan lied to parliament and the Commission of Inquiry into State Capture when he said he couldn’t recall meeting members of the controversial Gupta family.

This, according to Mkhwebane, amounted to a violation of the executive ethics code and proved Gordhan had conducted himself in a way that was “not consistent with his office”.

Mkhwebane’s probe followed complaints laid by the Economic Freedom Fighters (EFF) against Gordhan.

The EFF opposed Gordhan’s appointment into President Cyril Ramaphosa’s Cabinet and boycotted his speech during the debate on the State of the Nation address in parliament.

The EFF yesterday welcomed Mkhwebane’s findings.

“The public protector has confirmed our long-held view that Gordhan illegally engaged in espionage through a Sars rogue unit. This unit spied on prominent people. We believe this illegally gathered information would then be used to settle political scores, through Sars and other means,” EFF spokesperson Mbuyiseni Ndlozi said.

The EFF called on Ramaphosa to fire Gordhan with immediate effect. It accused former finance minister Trevor Manuel of complicity in the “rogue unit” and wanted him to be held accountable.

Gordhan had stated unequivocally that he is unreservedly committed to uphold the constitution and the rule of law, his spokesperson, Adrian Lackay, said.

While respecting the office of the public protector and cooperating with their investigations, Gordhan, like many others, had recorded his serious misgivings about her conduct and her partiality.

“From today’s announcement, with respect to Gordhan and his tenure as the former commissioner for the South African Revenue Service, it is apparent the public protector continues to get the facts wrong, get the law wrong and is biased.

“The constitution envisages her office to be independent, impartial, dignified and effective. To date, in this matter, it has failed in all four respects,” Lackay said.

Mkhwebane also found the so-called rogue unit was real and that the minister should have been aware of the unit while he was Sars commissioner, adding she believed Gordhan “was aware of it and that the allegation of the unit’s establishment was substantiated”.

She possessed evidence that would prove that intelligence equipment was procured for use by the unit and that this equipment was procured improperly.

She also claimed former Sars head Oupa Magashula lied under oath about the existence of the unit; that Gordhan played a role in recruiting former Sars official Johan van Loggerenberg to the unit; and that former Sars deputy commissioner Ivan Pillay’s appointment was irregular.

A previous report found the same regarding the approval of Pillay’s early retirement by Gordhan – something Mkhwebane wants Ramaphosa to take disciplinary action against Gordhan for.

The president has told her to wait until Gordhan’s challenge of her findings was processed by a court.

– ericn@citizen.co.za

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