CCMA has 2 to weeks determine if Sars rogue unit documents are admissible

Sars has argued that documents containing information about the spy unit have nothing to do with this case.

Sars commissioner Tom Moyane and Finance Minister Pravin Gordhan at the Sars briefing on 01 April. Picture: Christa Eybers/EWN

JOHANNESBURG - The CCMA has two weeks to determine whether or not documents about the controversial South African Revenue Services (Sars) spy unit are admissible in Adrian Lackay's constructive dismissal case.

The former Sars spokesperson resigned last year and then approached the commission to declare it as an act of constructive dismissal, saying his working conditions became untenable amid allegations by commissioner Tom Moyane, that an illegal spy unit had been set up by senior officials.

Sars has argued that documents containing information about the spy unit have nothing to do with this case.

The legal team representing Sars has brought an application to have documents relating to the rogue unit declared inadmissible, but later clarified that Lackay could give evidence about the matter as long as it was related to his constructive dismissal case.

Advocate Paul Pretorius, who is representing Lackay, says this order is sought prior to the hearing of any evidence.

"You're absolutely in the dark Commissioner as to see these cardinal facts objecting to relevance without knowing what the evidence is."

Pretorius says the documents are relevant to Lackay's case.

The former Sars spokesperson says his job had become intolerable since Moyane's appointment as commissioner, who wrongfully believed the unit was unlawful.

The unit was established when Finance Minister Pravin Gordhan was commissioner and the Hawks are currently investigating the matter.