SSA Members Were SARS' Enemies, Van Loggerenberg Tells Mkhwebane Impeachment Hearing

• SSA members were considered enemies of SARS, its former executive Johann Van Loggerenberg testified before the Section 194 Committee.
• Van Loggerenberg said SARS law enforcement units, which he headed, came under attack from those they were investigating, spawning the “rogue unit” narrative.
• Impeached Public Protector Busisiwe Mkhwebane chose not to respond verbally to most of the questions posed to her on Friday, but will do so in writing in seven days.

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Members of the State Security Agency (SSA) were considered “enemies” of the South African Revenue Service (SARS) investigative units, former head of these units Johann van Loggerenberg testified on Friday, as he revealed details of the “orchestrated propaganda campaign” against what has become known as the so-called “rogue unit”. Van Loggerenberg testified for a third day running before the National Assembly’s Section 194 Committee in Public Protector Busisiwe Mkhwebane’s impeachment hearings. The day started with Mkhwebane’s counsel, Advocate Dali Mpofu continuing his cross-examination of Van Loggerenberg, whose testimony relates to Mkwhebane’s discredited investigation into the so-called SARS “rogue unit” – one of the cases the charges against her are based on. Thereafter, MPs had the opportunity to ask Van Loggerenberg questions. ANC deputy chief whip Doris Dlakude said Van Loggerenberg previously said the High-Risk Investigations Unit – the unit that has been smeared as the “rogue unit” came under attack. She asked who was doing the “bullying”. Van Loggerenberg stated he didn’t say it was the High-Risk Investigations Unit that came under attack, but SARS’ whole law enforcement section between 2009 and 2014. “Where those attacks came from, were from multiple quarters. They came predominantly from those persons, or individuals or companies and people associated with the companies or business entities that were under investigation by, or prosecution by the respective units within the law enforcement division of the revenue service, initially,” Van Loggerenberg said. READ | Tables turn on Mkhwebane as ex-SARS executive testifies how she went rogue in ‘rogue unit’ probe “As these attacks increased, it began to include certain individuals within law enforcement, the state intelligence agencies, organised crime, gangs and so on, and in some instances, those relationships were symbiotic. “Ultimately, some of the attacks were then also advanced by some people who had left the institution and their friends who had remained in the institution.” He said the other four law enforcement units didn’t face the same treatment as the small High-Risk Investigations Unit. “And I honestly cannot tell you why I think that’s the case,” he said. “But I do think it had something to do with some of the 81 investigations they had done and were still busy with around that period.” DA MP Mimmy Gondwe asked for more information on Operation Broken Arrow.   Van Loggerenberg said the unit came under attack from around 12 October 2014 – and the term “rogue unit” became a label to hang the “propaganda” on. “We were, for instance, looking at those 180-plus, some of them, of the 180-plus people from the State Security Agency and their front companies that you would have heard about yesterday in that recording between the inspector general and the Public Protector,” Van Loggerenberg said.

Johann van Loggerenberg James de Villiers, News24

“So some of them were our enemies, certainly, and they knew we were closing [in] on them. “We were also conducting investigations that were beginning to affect very influential people, and politically connected people and politically exposed people and so forth, but also very powerful and rich organised crime figures and groupings within the country.” READ | Mkhwebane ‘rogue unit’ recording exposes alleged SSA abuses by her former boss Arthur Fraser He was referring to a recording of a meeting between Mkwhebane and former inspector-general of intelligence Setlhomamaru Dintwe, which was played to the Section 194 Committee on Wednesday, the first day of his testimony. In the meeting, Mkhwebane threatened Dintwe with possible criminal action if she was not given its October 2014 report on the Rogue Unit, which recommended that Public Enterprises Minister Pravin Gordhan faced prosecution.  The report has since been discredited and Mkhwebane faces several questions about it, which she will respond to in writing. During the recorded discussion in January 2019, Dintwe and IGI legal advisor Advocate Jay Govender detailed the serious allegations around the IGI investigating the SSA Special Operations Unit, headed by the controversial Thulani Dlomo. They revealed to Mkhwebane that the IGI had identified 186 agents recruited by the Special Operations Unit but who did not have SSA contracts and that some of them were still active and not accountable to or managed by SSA structures at the time of the meeting. They also said unknown sleeper agents were deployed to and are still integrated into structures in the police and state-owned companies, such as the Passenger Rail Agency of SA. When Van Loggerenberg was done, MPs were allowed to ask Mkhwebane questions. ANC MP Boyce Maneli asked whether she could confirm that it was her on the recording, which she did. 

READ | R3.7m – what it cost the Public Protector for Mkhwebane to live securely in comfort

But she asked on legal advice to provide written responses to most of the questions. Several questions were related to the legality of the IGI report. Committee chairperson Qubudile Dyantyi allowed this and gave her seven days to respond. One of the answers she did provide was that she had proof that the Office of the Public Protector tried to trace Van Loggerenvberg to obtain his input during the now discredited “rogue unit” investigation. The crux of Van Loggerenberg’s testimony was that Mkhwebane didn’t obtain his input and that she was prejudicial in the investigation. Mpofu suggested that Mkhwebane was let down by her investigators in tracking Van Loggerenberg down, and also mentioned that Van Loggerenberg’s surname was misspelt in his official email address, which Van Loggerenberg confirmed. The committee will resume on Monday when a witness the committee has subpoenaed to appear will testify. This witness’ identity has not been made public.

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