Suspended public protector Busisiwe Mkhwebane on Thursday denied being biased when she issued a report on the so-called “rogue unit” at Sars.
Mkhwebane told the parliamentary committee inquiring into her fitness to hold office it should not “rubber stamp” findings of bias made by the Pretoria high court in December 2020 when it set aside her report on the matter.
After the release of the report in July 2019, public enterprises minister Pravin Gordhan launched a court application to review and set aside the report.
In a judgment by a full bench of the Pretoria high court led by former public protector, judge Selby Baqwa, the court reviewed and set aside the report.
The judgment found Mkhwebane not only failed in the exercise of her duties but also displayed bias against Gordhan.
The judges said Mkhwebane also failed to engage with the findings made in the Nugent report. In her testimony on Thursday, Mkhwebane rejected this finding by the judges.
She referred the committee to a passage in her report where she quoted from the Nugent report, when judge Robert Nugent said he saw no reason why Sars was not entitled to establish and operate a unit to gather intelligence on illicit trades, even covertly, within limits.
Mkhwebane had been referred to the Nugent report by Sars after receiving questions on whether it failed to follow procurement procedures when buying equipment which the Sars unit used for gathering intelligence.
When asked by her advocate Dali Mpofu SC where the finding of her not engaging with the report came from, Mkhwebane said it was concerning because the report was before the three judges.
“If they applied their minds to evidence before them they would have seen I had clearly stated this was what the Nugent report said.
“The Sars commission of inquiry [into tax administration and governance] report is the Nugent report. I was wrongly accused by the three judges, hence I am saying one of them, judge Baqwa, was a public protector and should have at least checked what the report is saying,” Mkhwebane said.
Mpofu asked Mkhwebane whether the committee would be entitled to “rubber stamp that finding of bias based on a false factual basis”.
“The committee should not rely on this. I am showing the committee directly from my report and showing the public, and I hope even the judges and even minister Gordhan are seeing what I referred to,” she said.
“There was no bias on the part of investigators. The investigator was having all the evidence and analysed all the evidence. When it was brought to me to append my signature I was also happy that they have definitely incorporated evidence and response of Sars.”
The inquiry continues.
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Committee should not rubber stamp bias findings by court in 'rogue unit' case, says Mkhwebane
Image: Leila Dougan
Suspended public protector Busisiwe Mkhwebane on Thursday denied being biased when she issued a report on the so-called “rogue unit” at Sars.
Mkhwebane told the parliamentary committee inquiring into her fitness to hold office it should not “rubber stamp” findings of bias made by the Pretoria high court in December 2020 when it set aside her report on the matter.
After the release of the report in July 2019, public enterprises minister Pravin Gordhan launched a court application to review and set aside the report.
In a judgment by a full bench of the Pretoria high court led by former public protector, judge Selby Baqwa, the court reviewed and set aside the report.
The judgment found Mkhwebane not only failed in the exercise of her duties but also displayed bias against Gordhan.
The judges said Mkhwebane also failed to engage with the findings made in the Nugent report. In her testimony on Thursday, Mkhwebane rejected this finding by the judges.
She referred the committee to a passage in her report where she quoted from the Nugent report, when judge Robert Nugent said he saw no reason why Sars was not entitled to establish and operate a unit to gather intelligence on illicit trades, even covertly, within limits.
Mkhwebane had been referred to the Nugent report by Sars after receiving questions on whether it failed to follow procurement procedures when buying equipment which the Sars unit used for gathering intelligence.
When asked by her advocate Dali Mpofu SC where the finding of her not engaging with the report came from, Mkhwebane said it was concerning because the report was before the three judges.
“If they applied their minds to evidence before them they would have seen I had clearly stated this was what the Nugent report said.
“The Sars commission of inquiry [into tax administration and governance] report is the Nugent report. I was wrongly accused by the three judges, hence I am saying one of them, judge Baqwa, was a public protector and should have at least checked what the report is saying,” Mkhwebane said.
Mpofu asked Mkhwebane whether the committee would be entitled to “rubber stamp that finding of bias based on a false factual basis”.
“The committee should not rely on this. I am showing the committee directly from my report and showing the public, and I hope even the judges and even minister Gordhan are seeing what I referred to,” she said.
“There was no bias on the part of investigators. The investigator was having all the evidence and analysed all the evidence. When it was brought to me to append my signature I was also happy that they have definitely incorporated evidence and response of Sars.”
The inquiry continues.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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