Mkhwebane admits she had classified IGI report into Sars unit
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Public protector Busisiwe Mkhwebane’s lawyer has confirmed to the high court that she was in possession of a classified inspector-general of intelligence (IGI) report during her investigation into the “rogue unit”, despite intimating that she had not seen it.
Mkhwebane, in her final report, stated she “had it on good authority” what the findings were and recommendations in the 2014 IGI report, which found that Sars had created a unit using covert and intrusive methods in direct contravention of its mandate.
The public protector also said in her report that she had tried to get a declassified copy of the report, to no avail, and had asked President Cyril Ramaphosa to assist her in getting it from the state security minister.
In July, the IGI report was reviewed and set aside by the high court in Pretoria and no longer has any standing in law.
On Friday, the high court was hearing the second day of arguments in the application brought by public enterprises minister Pravin Gordhan after Mkhwebane found that he had violated the constitution when he set up the unit at Sars. Gordhan wants the report reviewed and set aside.
As part of her remedial action in the final report, Mkhwebane ordered that the minister of state security implement the IGI report in it entirety.
Advocate Wim Trengove, for Gordhan, raised questions on Thursday, about whether Mkhwebane lied about having a copy of the classified report. He said this showed “disgraceful misconduct” in that Mkhwebane either lied about having a copy of the report or abused her power by ordering that its recommendations be implemented without knowing what was in it.
When questioned on Friday whether Mkhwebane had a copy of the IGI report, her advocate Thabani Masuku confirmed that she did. Judge Selby Baqwa asked Masuku why the public protector did not say that she had the report and had read it, instead of saying she had it on “good authority”.
Judge Annali Basson also asked why the public protector did not just say she had the report, because if she did, it was “completely contradictory” to what she stated in her report.
Masuku said Mkhwebane had the classified report and needed it to be declassified so that the information could be put out in the public domain. “We can accept the public protector had the [IGI] report and read the report and her concern was how ...
Mkhwebane, in her final report, stated she “had it on good authority” what the findings were and recommendations in the 2014 IGI report, which found that Sars had created a unit using covert and intrusive methods in direct contravention of its mandate.
The public protector also said in her report that she had tried to get a declassified copy of the report, to no avail, and had asked President Cyril Ramaphosa to assist her in getting it from the state security minister.
In July, the IGI report was reviewed and set aside by the high court in Pretoria and no longer has any standing in law.
On Friday, the high court was hearing the second day of arguments in the application brought by public enterprises minister Pravin Gordhan after Mkhwebane found that he had violated the constitution when he set up the unit at Sars. Gordhan wants the report reviewed and set aside.
As part of her remedial action in the final report, Mkhwebane ordered that the minister of state security implement the IGI report in it entirety.
Advocate Wim Trengove, for Gordhan, raised questions on Thursday, about whether Mkhwebane lied about having a copy of the classified report. He said this showed “disgraceful misconduct” in that Mkhwebane either lied about having a copy of the report or abused her power by ordering that its recommendations be implemented without knowing what was in it.
When questioned on Friday whether Mkhwebane had a copy of the IGI report, her advocate Thabani Masuku confirmed that she did. Judge Selby Baqwa asked Masuku why the public protector did not say that she had the report and had read it, instead of saying she had it on “good authority”.
Judge Annali Basson also asked why the public protector did not just say she had the report, because if she did, it was “completely contradictory” to what she stated in her report.
Masuku said Mkhwebane had the classified report and needed it to be declassified so that the information could be put out in the public domain. “We can accept the public protector had the [IGI] report and read the report and her concern was how ...
