Public Enterprises Minister Pravin Gordhan is expected to announce his action plan this week as he prepares to challenge Public Protector Advocate Busisiwe Mkhwebane’s report on the so-called South African Revenue Service (Sars)’s rogue unit.
On Friday, Mkhwebane found that Gordhan violated the Constitution when he approved the establishment of the unit, also called the high-risk investigation unit.
She said that only the president has the constitutional mandate to form a covert unit that investigates high profile individuals and politicians’ tax affairs.
- Mkhwebane’s findings on Gordhan: How did we get here?
Advocate Mkhwebane found that Gordhan violated the Constitution and the executive members’ ethics code by approving the formation of the unit while he was commissioner of the revenue service.
She also says he lied about meeting the Gupta family.
She wants the president, Parliament and the police to hold Gordhan accountable for this.
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But Gordhan’s spokesperson Adrian Lackay said that she got it all wrong.
“We’ll put the case that challenges the rationality of her conduct with respect to impartiality and fairness and independence.”
Gordhan has already challenged Mkhwebane’s finding over his awarding former top official Ivan Pillay early retirement.
Mkhwebane also found that Pillay did not have the necessary qualifications to occupy that position.
Pillay is also expected to challenge the Public Protector’s findings in court.
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