Public Enterprises Minister went head-to-head in the Gauteng High Court in Pretoria on Thursday during Part B of Gordhan's review application. | azarrahk
Public Protector Busisiwe Mkhwebane.The counsel for Public Enterprises Minister Pravin Gordhan has argued there is no evidence to suggest he was complicit in the establishment of an illegal unit within SARS.
Gordhan is seeking to take on review a report by the Public Protector which found he lied to Parliament in saying he had no interactions with the Gupta family and he was involved in the establishment of an illegal intelligence gathering unit.1. No evidence Gordhan was involved in so-called rogue unit.
He said all wiretapping in the country was regulated by the Regulation of Interception of Communications Act , which stipulates interception of third-party communication was illegal, with a few exceptions, and only law enforcement agencies, could apply to a judge for permission to do so. Mkhwebane argued even if Gordhan had mistakenly lied to Parliament, he still violated the Executive Ethics Code.
"What is astonishing about this explanation is that it is given as a reason for SARS establishing a unit that performed intelligence functions. What the Public Protector correctly found was that SARS - for whatever reasons - did not have the legal mandate to perform intelligence gathering under the guise of enforcement."Gordhan was aware once the NIA pulled out of the establishment of the unit, SARS did not have a mandate to perform intelligence functions, Mkhwebane argued.
"Further, Mr Gordhan admits that the meeting with Ambani [which Ajay Gupta attended] was indeed about 'the possible MTN transaction'," Mkhwebane argued.MKhwebane said allegations the Public Protector had made false findings in her report, which she knew to be false, was without merit.
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