Moyane maintains intelligence unit established under Gordhan was unlawful

The state capture commission put it to him that the High Court in Pretoria set aside the Public Protector’s findings that like him said the unit was rogue.

Former South African Revenue Service (Sars) Commissioner Tom Moyane consults with his lawyer before he starts cross-examining Public Enterprises Minister Pravin Gordhan at the state capture inquiry in Johannesburg on 30 November 2020. Picture: Xanderleigh Dookey/EWN

JOHANNESBURG - Former South African Revenue Service (Sars) commissioner Tom Moyane on Wednesday maintained that the intelligence unit established under Pravin Gordhan was unlawful.

The state capture commission put it to him that the High Court in Pretoria set aside the Public Protector’s findings that like him said the unit was rogue.

Gordhan has admitted that he set up the unit like many revenue services in the world but Moyane said its activities including bugging government institutions made it illegal.

Evidence leader advocate Alistair Franklin asked Moyane why he continued to say there was a rogue unit at Sars.

“What the court found was that the Public Protector allowed her office to be used to resuscitate a long-dead fake fiction news propaganda. You shake your head, three judges found that what you think is irrelevant.”

But Moyane stuck to his guns: “If it’s not unlawful, what is the lawfulness of what happened by these members when they bugged government entities? Cross examinations happened here and there was an acceptance by Mr Gordhan that the rogue unit existed.”

Moyane denied that he made up the rogue unit to justify his actions that allegedly led to a mass exodus of executives.

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