Mkhwebane finds Gordhan violated executive ethics code, SARS 'rogue unit' was unlawful

surface

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https://www.news24.com/SouthAfrica/News/mkhwebane-finds-gordhan-violated-executive-ethics-code-sars-rogue-unit-was-unlawful-20190705

Public Protector Busisiwe Mkhwebane has made another adverse finding against Public Enterprises Minister Pravin Gordhan, this time in relation to the establishment of the so-called "rogue unit" at the South African Revenue Service (SARS) in 2007.

At the time, Gordhan was the commissioner of SARS. He was appointed as minister of finance in 2009.

Mkhwebane released her report on the "rogue unit" on Friday during a press briefing at her offices in Pretoria.

She told journalists she had divided her Gordhan probe into parts to deal with the various allegations:
 

surface

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I must say PP's enthusiasm is commendable. What now for this serial constitution breaker aka Indian cabal head?
And I wonder if she is going to go after Manuel as well?

Under former finance minister Trevor Manuel, SARS had already begun operating the unit and Gordhan should have been aware of this, she said. The commissioner of SARS is the accounting officer and was therefore accountable.
 
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biometrics

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I must say PP's enthusiasm is commendable. What now for this serial constitution breaker aka Indian cabal head?
And I wonder if she is going to go after Manuel as well?
Are you feeling ok?
 

lumeer

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In the first count, Mkhwebane said Gordhan had failed to remember anything that happened during the supposed meeting, and she thought this was implausible.
I think that it is plausible. Gordhan has probably had meetings with hundreds, if not thousands, of topshot businesspeople over the years and probably doesn't remember most of the meetings. At least, I wouldn't.
 

TysonRoux

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Attack on SARS linked to State Capture, sensitive case files were removed, Edward Zuma made a midnight call — and much more

By Marianne Thamm• 5 July 2019

On Friday 5 July 2019, Pubic Protector, Busisiwe Mkhwebane, released a report finding that the establishment of the SARS “rogue unit” had been illegal. We publish here in full, Ivan Pillay's 115-page response, which she appears to have disregarded.

The former acting SARS commissioner did not hold back, setting out in his affidavit, how “sensitive case” files were removed in 2015, allegedly on the orders of Tom Moyane’s second-in-command Jonas Makwakwa, from a safe at SARS head office before auditing firm KPMG could get to them.

Pillay, responding to Busisiwe Mkhwebane’s Section 7 (9) (2) of the Public Protector’s Act notice, also details threats to SARS officials and a “sitting Cabinet minister” by State Security and Crime Intelligence operatives as well as assaults, surveillance, “odd thefts” and break-ins in relation to the High Risk Investigations Unit and other SARS officials. These occurred between 2013 and 2014.

The former deputy SARS commissioner also sets out how President Jacob Zuma’s son, Edward Zuma, had called then SARS enforcement executive, Johan van Loggerenberg just after midnight, “on the morning then finance minister, Mr Pravin Gordhan, was fired by former President Zuma, which was self-recorded”.

During the call, said Pillay, “Mr Edward Zuma discussed Brooklyn CAS 427/5/2015, tried to coerce Mr Van Loggerenberg and informed him he was phoning on behalf of a certain minister and that it had been arranged and that the interception of Mr Van Loggerenberg’s phone had been temporarily halted to allow for Mr Edward Zuma to call him.” The NPA, said Pillay, had a record of this call as it had been reported to them. The by now infamous CAS 427/5/2015 was lodged by Tom Moyane and has been recycled several times in an attempt to neutralise Gordhan, Pillay and others viewed as obstacles to State Capture.

Regarding the documents removed from the safe, Pillay states “various sensitive case files were removed from a safe at SARS head office on 27 February 2015 at around 9h47 on the instructions of former SARS official Mr Jonas Makwakwa. I record that this date precedes the date on which KPMG South Africa took an inventory of the safe”, Pillay said in his affidavit handed to the PP’s office on 19 June.

Pillay further recorded that “during the period when KPMG South Africa did take inventory of the safe, ultimately various sensitive case files and records were removed from the same safe, not disclosed and described to KPMG South Africa and in their presence sealed in a box which was, by agreement, to be handed to former SARS commissioner Tom Moyane”. Pillay states in his affidavit that he wished to make clear that he considered the 10-day period afforded to him by the Public Protector to respond to her investigation of what she termed the “rouge unit”, as “wholly inadequate to enable me to properly safeguard my rights in the face of wide-ranging accusations contained in this notice”.

Pillay records that he had already been subjected, by the Public Protector, to an investigation into his early retirement from SARS and that this had culminated in the delivery of a PP report in which “irrational, erroneous and unconstitutional findings have been made against me and others”. Mkhwebane’s report is currently pending review in the High Court. Pillay said the “rogue unit narrative”, as well as what he termed “multiple attacks on SARS, its officials and its audits and investigations that commenced in earnest in 2014” had its roots directly in State Capture and was specifically used as “a method of capturing SARS, National Treasury and the Ministry of Finance”.

Cont ........
 

flippakitten

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Wasn't this already found to not be the case by a panel of judges?

Another overturned finding incoming.
 

TysonRoux

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Wasn't this already found to not be the case by a panel of judges?

Another overturned finding incoming.
I doubt that bothers the dirty Zupta mattress, as long as she's seen to be fulfilling the objectives of her allegiance to the Zupta faction.

If CR allows this to continue, he'll slip even further in my approval ratings.
 

ToxicBunny

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I doubt that bothers the dirty Zupta mattress, as long as she's seen to be fulfilling the objectives of her allegiance to the Zupta faction.

If CR allows this to continue, he'll slip even further in my approval ratings.
CR doesn't have much say in this issue... Parliament has to make the first move before he can do anything.
 

Gordon_R

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TysonRoux

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ponder

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From the dumb goons.

Fire Gordhan, EFF tells Ramaphosa

Busisiwe Mkhwebane ordered the president to ‘take appropriate disciplinary action’ against Gordhan within 30 days.

The Economic Freedom Fighters (EFF) has called on President Cyril Ramaphosa to fire Public Enterprises Minister Pravin Gordhan after Public Protector Busisiwe Mkhwebane made damning findings against him for his role in the establishment of the South African Revenue Service (Sars) so-called “rogue” unit.
The eff & blf are in the guptas pockets, when you make that much noise you gotta know. All of a sudden they're supporting all those they revolted against.
 

Excalibur

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The ANC should have learned lessons from their pathetic defense of Zuma in the face of a PP report, Pravin must be dealt with. There should be no holy cows!
 

Excalibur

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More like the PP will be dealt with once her reports are reviewed and set aside.
You sound just like the Zuma lobby when they were gunning for Thuli Madonsela, it's not about principle but backing an accused you like.
 

biometrics

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You sound just like the Zuma lobby when they were gunning for Thuli Madonsela, it's not about principle but backing an accused you like.
It’s your right to have the report reviewed. These are so obviously flawed they will be struck down and the judges are going to be scathing. Parliament will have to fire her for incompetence. I doubt she’ll see out the year.
 

Milano

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You sound just like the Zuma lobby when they were gunning for Thuli Madonsela, it's not about principle but backing an accused you like.
Just the same except for being completely different. The courts have openly laughed at Mkhwebane as her findings keep showing she is unfit for office in the same way your comments fail to match the lowest requirements of critical thinking.
 
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