Hawks swoop on Gordhan and former SARS colleagues
The knives are out for Finance Minister Pravin Gordhan, who is not only facing possible arrest by the Hawks tomorrow – he has been asked to present himself at their offices in connection with the alleged ‘rogue unit' at SARS – but is also the centre of what a News24 report describes as ‘a massive new forensic probe into deals concluded during his tenure at the organisation’.
The report says SARS has appointed accounting firm Grant Thornton to conduct a forensic investigation into its modernisation and technology programme, which was implemented between 2007 and 2014. Gordhan was SARS commissioner from 1999 until 2009. A Business Day report says it is understood that Gordhan and four former SARS employees were sent letters asking them to present themselves to the Hawks tomorrow morning for warning statements. The letters indicate that the investigations into the unit are complete and that the individuals should present themselves to give their own versions 'in the form of (sic) warning statement'.
However, it says, there have some indications that the National Director of Public Prosecutions is not yet satisfied that the docket can support the charges, hence the attempt by the Hawks to bolster it. One employee, Andries Janse Van Rensburg, has already done so. Two others are former Deputy Commissioner Ivan Pillay and former head of strategy Johan van Loggerenberg. Former head of risk and strategy Pete Richer was asked to give a statement, but after his legal representative queried the reason, he was not contacted again.
The allegations against them include the contravention of the National Strategic Intelligence Act and contravention of the Regulation of Interception of Communications Act. A criminal attorney reportedly explained to News24 a warning statement was taken when formal charges were put to a suspect. ‘This is accompanied by the taking of fingerprints and is a precursor to the suspect appearing in court,’ he said.
Full Business Day report (subscription needed)
The Hawks move against Gordhan comes in spite of the Minister answering 27 questions from the Hawks in February with regard to the so-called ‘rogue unit’. The Daily Maverick, which broke the story last night, says Gordhan has for some time, since his reinstatement as Minister of Finance in December after President Jacob Zuma's disastrous firing of Nhlanhla Nene, been viewed as an obstacle thwarting the interests of individuals linked to Zuma, including SAA's Dudu Myeni, current SARS Commissioner Tom Moyane as well as the Gupta family's interest in the country's nuclear deal, among countless others.
The DM says it has also learned that Pillay, Van Loggerenberg and Van Rensburg have been informed by the Hawks that each faces possible charges in relation as to how the unit was formed. Pillay will also be questioned in relation to his pension payout and Van Loggerenberg in relation to a charity he ran. In addition to it, Pillay will also face questions about the alleged ‘project Sunday Evenings’ and Van Rensburg's (former head of the unit) involvement in allegedly bugging the offices of the NPA at the behest of the then Directorate of Special Operations, or the Scorpions, who were investigating Police Commissioner Jackie Selebi.
Hawks spokesperson, Brigadier Hangwani Mulaudzi, reportedly told the DM that he did not have a ‘mandate to discuss any case or any confidential information attached to any case that is still under investigation. Any matters related to this inquiry is mere speculation and we will also not comment on it.’
The letters state that the alleged SARS ‘rogue unit’ made transcripts of conversations it picked up in the 'bugged' NPA offices, according to a report in The Mercury, which notes that Independent Media has seen the contents of the letters. Finance Ministry spokesperson Phumza Macanda reportedly confirmed the correspondence, but did not comment on its contents. Former SARS spokesperson Adrian Lackay denied reports that he was among those warned to report to the Hawks.
He said he knew, however, that SARS commissioner Tom Moyane was the complainant. Gordhan, Pillay and Van Loggerenberg have consistently denied knowledge of any unlawful activities. It is understood Gordhan was consulting his lawyers and would not report to the Hawks offices in person. The report says the latest move comes after an unofficial ‘truce’ in which Hawks head Mthandazo Ntlemeza had given Gordhan the assurance he would not be ‘embarrassed’ by an arrest without first being notified. The Hawks in fact denied at the time that Gordhan was being investigated.
Full report in The Mercury (subscription needed)
Moyane yesterday refused to answer questions about the ‘rogue unit’ in Parliament, according to a Netwerk24 report. He appeared before the Standing Committee on Finance to discuss SARS’ strategic plan and quarterly report. David Maynier, of the DA, asked Moyane to confirm whether SARS was busy with Project Lion, ‘an investigation into certain contracts with Interfront’.
Moyane also refused to answer questions about the tension between him and Gordhan, referring all queries to Gordhan and Zuma. Several ANC MPs objected to Maynier’s questions and committee chair Yunus Carrim (ANC) said most committee members see Maynier as ‘extremely right-wing’ bordering on ‘neo-racist’ with his questions.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
