Pillay joins Gordhan, seeks own review of Mkhwebane’s report

Former deputy South Africa Revenue Service commissioner Ivan Pillay has filed an affidavit stating that he intends to pursue a review of findings against him in a Public Protector's report he says detrimentally affects him.

In response to the report, currently being challenged by Public Enterprises Minister Pravin Gordhan, Pillay released his affidavit in the matter between Minister Gordhan and Public Protector Busisiwe Mkhwebane on Monday afternoon.

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The report makes mention of Pillay, including a finding that Pillay violated South African intelligence prescripts when establishing an intelligence unit at the tax body. The unit has come to be known as the 'rogue unit', though Gordhan, who was Commissioner of SARS at the time of its establishment, has denied that it was illegal.

The Nugent commission of inquiry into SARS similarly found no evidence that the unit was unlawful.

According to Pillay's lawyers, Werksmans Attorneys, Pillay is supporting Gordhan’s affidavit in the matter "in the interests of justice and the public".

"I intend, after consulting my lawyers, to pursue review proceedings against the Public Protector and Advocate Mkhwebane in my own right," said Pillay’s affidavit.

'Moyane required lies'

Pillay said while he associated himself with the points raised in Gordhan's founding affidavit, he hoped to raise additional facts.

• READ: Gordhan hits back: Mkhwebane got facts, law wrong

Amongst other things, Pillay said former SARS head of enforcement Gene Ravele told him that he was being placed under pressure by former SARS commissioner Tom Moyane to provide "some sort of report to implicate" Pillay and Gordhan while Ravele was still under the employ of SARS.

"He (Ravele) stated that he had provided some reports to Moyane, but that Moyane was 'never happy' with the content and constantly requested him to go and rewrite these. In essence, Moyane required Ravele, under great threat, to draft lies about the unit and me," Pillay’s affidavit reads.

Pillay's affidavit also says Mkhwebane, in critical instances, failed to correctly record facts or give those she was obligated to interview for the report, including former SARS enforcement executive Johann van Loggenberg adequate opportunity to respond.