Suspended Public Protector Busisiwe Mkhwebane has maintained she did not hide the fact that she had an intelligence report relating to the South African Revenue Service (Sars) “rogue unit” in her possession. 🧑⚖️PublicProtector
She insisted that Gordhan was still guilty of violating the code even though the minister argued that he did not intentionally lie to Parliament.
The inquiry last year heard evidence that EFF deputy president Floyd Shivambu, who laid a complaint against Gordhan, had emailed the classified IGI document to a senior Public Protector official in 2018.Giving her side of the story on what her lawyer, advocate Dali Mpofu, labelled as Mkhwebane’s “most litigated and contested report”, the public protector maintained it did not seem like “a bona fide mistake” that Gordhan misled Parliament.
She explained to the committee that she did not list the IGI document as a source of information in her rogue unit report because she was “being security conscious”. Gordhan and Pillay had initially successfully challenged the report in the Pretoria Gauteng High Court, which found that Mkhwebane’s conclusion that the minister established an illegal unit at Sars was “without foundation, particularly as this conclusion is based on discredited reports and unsubstantiated facts”.
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