Ndlozi slams ‘false reporting’ that EFF leaked IGI’s ‘rogue unit’ report

Economic Freedom Fighters (EFF) spokesperson Mbuyiseni Ndlozi lashed out on Tuesday at what he called “false reporting” on the part of certain publications who reported that he’d leaked a report by the Inspector General of Intelligence on the so-called Sars “rogue unit”, following a court victory for the EFF after Minister of Public Enterprises Pravin Gordhan unsuccessfully attempted to have this report removed from court papers.

“This is FALSE reporting. EFF DID NOT LEAK IGI Rogue Unit Report. There was an entire court case yesterday where a JUDGE RULED that the Report be part of Open Court Papers. Meaning it is now public! Therefore It’s not a LEAK!!” he tweeted.

He followed this up with the calmer and less capitalised suggestion: “Respect court decisions, even if you don’t like them!”

Ndlozi was responding to an eNCA report indicating that the party had leaked the report.

While the eNCA report offered no details as to where or how the leak took place, it was previously reported by News24, in a story that was also published on The Citizen, which uses the News24 Wire service, that Ndlozi had leaked it by sharing it to a WhatsApp media group.

It has since also become available on the EFF website.

According to Ndlozi, Monday’s judgment at the Equality Court sitting in the Gauteng High Court in Johannesburg, which saw an application brought by Gordhan to have the report removed from court papers dismissed by Judge Roland Sutherland, means that the report is now in the public domain and so can’t be leaked.

But the State Security Agency (SSA) has since confirmed that the report is still classified.

This is FALSE reporting. EFF DID NOT LEAK IGI Rogue Unit Report. There was an entire court case yesterday where a JUDGE RULED that the Report be part of Open Court Papers. Meaning it is now public! Therefore It’s not a LEAK!!

Respect court decisions, even if you don’t like them! https://t.co/WcXylAKz57

— Mbuyiseni Ndlozi (@MbuyiseniNdlozi) October 1, 2019

The party has released a statement welcoming Monday’s ruling.

“EFF has just won against Pravin Gordhan at the Equality Court in his challenge to have the rogue unit report of the inspector general removed from the case; IGI report will be included. Judge Southerland [sic] has dismissed Gordhan’s application.

“The EFF welcomes the dismissal of Pravin Gordhan’s application by the Equality Court that the inspector general of intelligence report on the Sars rogue unit be removed from court papers.

“This means the IGI report on the Sars rogue unit is part of the court records and now public. We welcome the opportunity given by this judgement for the IGI Rogue Unit Report to be deliberated in the open public court.

“Both a chapter 9 institution, in the form of the public protector and a Chapter 11 institution in the form of the inspector general for intelligence have found that Pravin Gordhan ran an illegal Intelligence Unit within Sars. They determined that he must be criminally prosecuted.

READ MORE: EFF releases classified intelligence report into SARS ‘rogue’ unit linked to Gordhan

“Today’s judgment is a victory of accountability against an individual who feels above the law,” according to the party.

Gordhan’s attorney, Tebogo Malatji, confirmed to News24 the strike-out application had been dismissed, adding the court had not furnished reasons for the dismissal.

He said the strike-out application was made because the report was not relevant to the hate speech charges and it was not yet been established if the report was authentic and if it was, if it had been declassified.

The hate speech charges followed a scathing attack launched on Gordhan outside the venue, where he was testifying before the Zondo commission of inquiry into state capture in November 2018.

At the time, Malema called Gordhan “corrupt”, “a dog of white monopoly capital” and claimed he hated black people, News24 previously reported.

Malatji added the lawful use of the report was still subject to another case involving Gordhan and Public Protector Busisiwe Mkhwebane.

This case relates to the review application of Mkhwebane’s report into the SARS “rogue unit” in which she instructed President Cyril Ramaphosa to discipline Gordhan for his authorisation of the establishment of the unit while he was SARS commissioner.

(Additional reporting, News24 Wire.)

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