A report by the Inspector General of Intelligence on the so-called Sars ‘rogue unit’ will remain in court records and the public domain.
The Economic Freedom Fighters (EFF) have won a victory against Minister of Public Enterprises Pravin Gordhan at the Equality Court sitting in the South Gauteng High Court in Johannesburg on Monday.
An application brought by Gordhan to have a report by the Inspector General of Intelligence on the so-called Sars “rogue unit” removed from court papers has been dismissed by Judge Roland Sutherland.
The party has released a statement welcoming the ruling.
“EFF has just won against Pravin Gordhan at the Equality Court in his challenge to have the Rogue Unit Report of the Inspector General removed from the case; IGI report will be included. Judge Southerland [sic] has dismissed Gordhan’s Application.
“The EFF welcomes the dismissal of Pravin Gordhan’s application by the Equality Court that the Inspector General of Intelligence Report on the SARS Rogue Unit be removed from court papers.
“This means the IGI Report on the SARS Rogue Unit is part of the court records and now public. We welcome the opportunity given by this judgement for the IGI Rogue Unit Report to be deliberated in the open public court.
“Both a chapter 9 institution, in the form of the Public Protector and a Chapter 11 institution in the form of the Inspector General for Intelligence have found that Pravin Gordhan ran an illegal Intelligence Unit within SARS. They determined that he must be criminally prosecuted.
“Today’s judgment is a victory of accountability against an individual who feels above the law,” according to the party.
In July, the North Gauteng High Court suspended Public Protector Busisiwe Mkhwebane’s sanction of him following her report accusing him of violating the constitution through his involvement in the so-called “rogue unit”.
Gordhan welcomed the judgment at the time and and reiterated that he believes her to be unfit for her post.
In a statement, the minister said he “doubts the competence, integrity, legal literacy and constitutional grasp of its incumbent, of her powers, duties and functions.”
The statement said the ruling by Judge Sulet Potterill confirmed that Mkhwebane had failed to explain the special circumstances she relied on to entertain a complaint on a matter that happened more than two years ago, as required by the legislation governing her office.
(Compiled by Daniel Friedman. Additional reporting, ANA).