Former Sars executive sticks to his guns on Mkhwebane not giving him a hearing

Cape Town - Former SARS executive Johann van Loggerenberg stuck to his guns that suspended Public Protector Busisiwe Mkhwebane did not afford him a hearing in her investigation into the “rogue unit” at revenue services.

Continuing with his testimony on Thursday, Van Loggerenberg told the inquiry into the fitness of Mkhwebane (to hold office) that she failed to act without prejudice when probing the unit.

He also said Mkhwebane accepted unsubstantiated claims and wild accusations.

“I make the point that had Ms Mkhwebane afforded me the hearing, a lot of time and effort, money, heartache and trauma on many people, and whatever resources that have gone into investigation and subsequent litigation and aftermath, would well have been curtailed.

“Justice would have triumphed. It did not triumph in this instance,” he said during the fourth day of the inquiry.

Van Loggerenberg said Mkhwebane could have heard from him the very person who managed the so-called “rogue unit” for almost the entire period of its existence.

“I submit Ms Mkhwebane failed the test of what the court calls courage, vigilance and conviction of purpose,” he said.

Testifying under cross-examination by Mkhwebane’s legal representative, Dali Mpofu, Van Loggerenberg took offence at the SARS High Risk Investigation Unit being called the “rogue unit”.

“I think it is being disrespectful. I have been at pains to ask people to be respectful. It is equivalent to being racist,” he said.

Responding to one of the questions from Mpofu, Van Loggerenberg said a group of people could not be called in a negative tone.

“I don’t think you know that the unit was known as the High Risk Investigation Unit. I request it be referred to as that,” he said before Mpofu acceded to calling it “the unit”.

When asked that he wanted Mkhwebane impeached because of her reliance on the Sikhakane report that probed his conduct, Van Loggerenberg said that was over-simplification of the matter.

“I am simply participating to display that Ms Mkhwebane ignored my basic rights in the 2019 report. The same applies to advocate Sikhakane,” he said.

However, he said it was for the Section 194 Committee to make a determination whether Mkhwebane was fit and proper to hold office.

“I leave it to the committee.”

Van Loggerenberg stated that as an implicated person in Mkhwebane’s report, he was not only supposed to be heard but be provided with what she was to make a finding on and an opportunity to cross-examine people.

“None of that happened. Ms Mkhwebane in a public statement referred to this unit emphatically as a rogue unit not as a so-called unit prior to concluding the investigation.”

Asked about the bugging of the offices of the National Prosecuting Authority and defunct Directorate of Special Operations (Scorpions), Van Loggerenberg said Mpofu was asking him about matters Mkhwebane should have posed during her investigation.

“The opportunity came and went. In June 2022, I must sit before Parliament and respond to things that Ms Mkhwebane should have asked before July 2019,” he said.

When pressed that the SARS unit conducted surveillance at NPA offices unlawfully, Van Loggerenberg said he knew absolutely nothing about the matter.

“I know of no person that ever bugged the offices of NPA at all. I know of no such investigation or activities whatsoever,” he said.

“Ms Mkhwebane ought to have asked me. I would have assisted her to the best of my ability to determine the facts of the matter,” Van Loggerenberg added.

Thu, 14 Jul 2022 17:13:31 GMTMayibongwe Maqhina

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