Mkhwebane says Gordhan violated the constitution with Sars ‘rogue unit’

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Mkhwebane says Gordhan violated the constitution with Sars ‘rogue unit’
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The public protector says Pravin Gordhan also misled the National Assembly about meeting the Gupta family

Public protector Busisiwe Mkhwebane has once again found that public enterprises minister Pravin Gordhan violated the constitution, this time saying that the establishment of the so-called Sars “rogue unit” was illegal.

She directed President Cyril Ramaphosa to take appropriate disciplinary action against Gordhan within 30 days for violating the constitution and the Executive Ethics Code. She has also directed National Assembly speaker Thandi Modise to refer Gordhan’s violations to the joint committee on ethics and members’ interests for consideration.

Mkhwebane said the establishment of the unit was approved by Gordhan, which was improper and a breach of section 209 of the constitution, which indicates that only the president may establish such a “covert information gathering unit”. Allegations of the unit emerged in 2014 and implicated senior officials such as then acting commissioner Ivan Pillay, Johann van Loggerenberg, as well as head of strategic planning Peter Richer.

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