Former SARS official Ivan Pillay centre, with Advocate George Bizos, right. Picture: Jonisayi Maromo/ANA

Cape Town - Former deputy South African Revenue Services commissioner Ivan Pillay has indicated in court documents that he plans to institute his own, separate review of Public Protector (PP) Busisiwe Mkhwebane's findings on the so-called "rogue" intelligence unit within the tax service.

Pillay says in a court affidavit in support of Public Enterprises Minister Pravin Gordhan's legal action against Mkhwebane's findings, contained in report 36 from her office, that he is overseas and will consult with his lawyers after he returns to South Africa on August 15, with a view to launching his own substantive review.

Gordhan last week approached the high court for an interdict to stall the implementation of Mkhwebane's remedial action pending the hearing of his review application against her report. 

Pillay said he was moved to support Gordhan's court application but also to bring his own because she implicated him in misconduct, maladministration and criminality.

"I have a direct and substantial interest in the subject matter of the interdictory relief sought," he said. 

Mkhwebane in her report ordered that the South African police, withing 60 days, investigate Public Enterprises Minister Pravin Gordhan, Pillay and SARS officials involved in the establishment of the intelligence unit.

Pillay said his interest in the relief sought by Gordhan therefore goes beyond that of a mere respondent in the application.

He said he wished to raised additional points to those presented by the minister in his court documents.

Among these, he said, is the fact that Mkhwebane paid scant notice to the contents of two affidavits deposed by him to her office in April and June this year. 

Pillay said the PP's attention to the facts of the matter were so cursary that she contended Gordhan did not dispute that he did not have a matric certificate or a degree.

Pillay said he sincerely doubted this could be correct. He said it would have been "a false statement" on the part of the minister and the revenue service as he did have both qualifications. 

Nor, he said, did Gordhan on a careful reading of his affidavit ever confirm that he did not have matric.

Pillay also said that Mkhwebane was infuriated by his submissions and leaned heavily on discredited information, including a controversial report from auditing firm KPMG.

He also said the PP ignored evidence that now fired SARS commissioner Tom Moyane sought to coerce officials into giving negative testimony against him.

African News Agency (ANA)