'SARS drama staged'

The Hawks are investigating whether a damning video showing assault and harassment of a senior SARS official who received key documents that could damage the state's investigation into Finance Minister Pravin Gordhan was staged.

Cellphone footage recorded by SARS deputy director of law administration, Vlok Symington, of himself being assaulted and held hostage by the commander of the SAPS crimes against the state unit, Brigadier Nyameka Xaba, and SARS commissioner Tom Moyane's bodyguard came to light yesterday.

The footage shows the police, who initially did not realise Symington had the documents, forcibly taking printed e-mails off him in a scuffle in the SARS boardroom.

The e-mails contain legal opinion by SARS lawyers that the National Prosecuting Authority's case against Gordhan is flimsy. Gordhan, with his then SARS deputy, Ivan Pillay and Oupa Magashula, are to appear in court next week on charges of fraud and theft.

The charges relate to Gordhan, as the then commissioner of SARS, granting early retirement to Pillay, who was then rehired as a consultant for SARS.

The Hawks investigation into the video follows an urgent court application by the Helen Suzman Foundation to get the NPA's case against Gordhan stopped.

The organisation claims the NPA's prosecution is politically driven.

Hawks spokesman Brigadier Hangwani Mulaudzi said there was more to the [video] incident than people realised.

"A formal meeting was requested after it transpired that the so-called victim was in possession of documents he was not meant to have.

"The members requested the meeting, which was approved. They were acting on instructions from the NPA to retrieve the documents."

Mulaudzi said Symington was approached and, as he left the boardroom, he was requested to surrender the document.

"He refused. We had no choice but to remove it from him."

He said it had transpired there were cameras in the boardroom.

"We and SARS are investigating this.

"You have to ask yourself, was this not planned?"

Mulaudzi said the Hawks were co-operating with the Independent Police Investigative Directorate, which is investigating Xaba and his colleagues.

Symington, who laughed off the claims, said SARS protocol prevented him from commenting.

Moyane, when asked about the incident, said he was not worried.

"My bodyguard has had no bearing on this matter."

Xaba, when asked for comment, at first said he knew nothing "about these things. This is very strange".

When told of the existence of the video, he laughed.

"Where's the kidnapping?"

Gordhan, responding in parliament to a question from the DA, said if reports were true it was "totally unacceptable behaviour".

Gordhan said he had heard "whispers" regarding the incident.

"But I have had no formal report. I will ask Tom Moyane for an explanation as soon as I get a chance. If it is true, that is totally unacceptable behaviour."

Symington was the author of the 2009 legal opinion that the Helen Suzman Foundation and Freedom Under Law used to file an application to the Pretoria High Court requesting that the fraud charges against Gordhan be set aside.

In that opinion he states that there was "no technicality" stopping SARS from reappointing former deputy commissioner Ivan Pillay on a contract basis after an early retirement payout.

Francis Antonie, Suzman Foundation head, said their application, to be heard on November 8, was to stop this matter, which was designed to politically harass Gordhan and undermine Treasury.

"It is clear Gordhan's prosecution is motivated by subversion of the rule of law by an institution which is meant to protect the rule of law.

"I wouldn't be surprised that it is because of political motives."

He said: "We deposed our affidavit on Sunday. Monday panic hits the NPA and on Tuesday they try to get an affidavit from Symington. At first we were not too concerned, until we learnt the circumstances around it, the kidnapping and hostage taking. Then on Tuesday we learnt of the Krishen Sukdev subpoena."

Sukdev, the government pensions administration CEO, has been subpoenaed to testify next week when Gordhan appears in court in relation to the early retirement of government employees.

NPA head advocate Shaun Abrahams declined to comment.

His spokesman, Luvuyo Mfaku, said after considering representations, Abrahams ordered that further investigations be conducted to clarify certain issues.