Johannesburg - The Hawks are refusing to publicly respond to Finance Minister Pravin Gordhan’s response to their questions in which he insists they have no reason to investigate him, and that their decision to send him questions with deadlines and “threats of retaliation” was unlawful.
Gordhan has also defended the establishment of the so-called “rogue spy unit” at the SA Revenue Service (Sars) that is at the centre of a bitter battle between Gordhan and Hawks boss General Berning Ntlemeza.
He has also questioned the credibility of the Sikhakhane report that found the unit was unlawfully established, and was seemingly the basis of the Hawks probe.
Read: Hawks to Gordhan: Email or SMS us
Also read: I’m not above the law, says Gordhan
Hawks spokesman Brigadier Hangwani Mulaudzi said they had indicated in their previous statement they would not comment further on the matter.
The elite police unit sent Gordhan a list of 27 questions about his role in setting up the intelligence-gathering tax operation just days before he was set to deliver his Budget speech on February 24.
At the time, Gordhan described the tone and timing of the questions as aggressive and a campaign to discredit him and the integrity of the Treasury. He subsequently ignored two deadlines set by the police unit to respond to questions.
Read: Gordhan slams 'dirty tricks' campaign
Also read: Sars tussle: ‘Zuma going by the book’
The Hawks had asked Gordhan about his involvement in the “rogue spy unit’s” establishment and alleged unlawful activities, as he was the Sars commissioner at the time.
Gordhan said the unit employed 26 people at Sars, which has 1 500 staff members, and as a result, his knowledge of its day-to-day operations was limited.
“As far as I was aware, the unit lawfully performed its functions. I was not personally involved in the recruitment of its members but I am told that the process was in line with Sars policy.
“If it or any of its members engaged in unlawful activities, then they did so without my knowledge or consent. I have no knowledge of the operation codenamed Sunday Evenings,” said Gordhan.
Sunday Evenings refers to an alleged operation in 2007 in which the “rogue spy unit” bugged the National Prosecuting Authority.
Gordhan said the Hawks had declined to answer his questions seeking clarity on what offence they were investigating and by what authority they were acting, but had instead referred him to the powers conferred to them by chapter 6A of the SAPS Act 68 of 1995.
“None of the provisions of chapter 6A entitle the Hawks to demand answers, set deadlines and threaten me with retaliation if I fail to respond.
“The deadlines and threats of retaliation were unlawful.The unit was part of the broader enforcement division of Sars - similar to the enforcement capabilities required in any tax and customs administration in the world.
“The Hawks have no reason to investigate me,” Gordhan said.
The Star and Reuters