ANALYSIS: Fatal blow to Mkhwebane and EFF as court sets aside intelligence report at core of investigation into SARS ‘rogue unit’

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A document which Public Protector Busisiwe Mkhwebane had hoped to use as the bedrock of her report on Pravin Gordhan in the ongoing SARS ‘rogue unit’ saga has been reviewed and set aside, delivering a potentially fatal blow to her case.

The genesis of the “rogue unit” narrative can in part be traced back to a 2014 report by former inspector-general of intelligence, Faith Radebe, an investigation that has now been trashed and rendered useless.

That same month, the North Gauteng High Court granted Gordhan an interim interdict to suspend the implementation of the PP’s remedial orders while he took the report on judicial review. In November 2019, four months after Mkhwebane released her “rogue unit” report, Van Loggerenberg approached the court after the PP had announced that she had been handed a redacted version of the classified Radebe document by Dlodlo who had replaced Letsatsi-Duba.

In a stroke of marvellous luck, Mkhwebane announced, shortly after the EFF had attached the classified Radebe report to court documents in an unrelated matter in the Equality Court in November 2018, that the full classified version had been “just dropped off in our reception area”.This detail Mkhwebane confessed to Dintwe during a personal stop-off at his office in January 2019 in what was clearly a desperate but ultimately unsuccessful bid to retrieve the document.

In September 2019, Dlodlo prepared to head to court to seek the removal of the Radebe report from EFF court papers and the public domain.At the time, State Security spokesperson Mava Scott said the report had contained “secret information exposing the identities of members and former intelligence members and sources and methods of the agency, which is protected from publication by the law”.

Radebe’s appointment had been a controversial one as she had been a former employee of the National Intelligence Agency and State Security Agency and viewed as “an insider who lacked the necessary independence and would find it hard to hold former comrades to account,” asThulani Dlomo had been one of Radebe’s key witnesses as were Belinda Walter and several other members of the multi-agency Tobacco Task Team – who have all since been implicated in criminal activity – and a former SARS official...

However, said Van Loggerenberg, Malema had “not taken the court into his confidence and set out the facts known to him regarding Ms Walter. In fact, they go back a long way.”

 

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These courts would never allow the investigation into stuff like that.

Couldn't have happened to 2 nicer groups.👏👏👏👏👏

So, this is actually what got the Bastard seething yesterday. The Crocodile warned him. Mazzotti is not a happy man either. The 'Rogue Unit' witch hunt has been buried by the Court of Law. 👏👏👏👏 ✊

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