Suspended public protector Busisiwe Mkhwebane on Thursday denied being biased when she issued a report on the so-called “rogue unit” at Sars.
She referred the committee to a passage in her report where she quoted from the Nugent report, when judge Robert Nugent said he saw no reason why Sars was not entitled to establish and operate a unit to gather intelligence on illicit trades, even covertly, within limits.Mkhwebane had been referred to the Nugent report by Sars after receiving questions on whether it failed to follow procurement procedures when buying equipment which the Sars unit used for gathering intelligence.
When asked by her advocate Dali Mpofu SC where the finding of her not engaging with the report came from, Mkhwebane said it was concerning because the report was before the three judges.If they applied their minds to evidence before them they would have seen I had clearly stated this was what the Nugent report said.“The Sars commission of inquiry [into tax administration and governance] report is the Nugent report.
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