And former president Thabo Mbeki has been entangled in the scandal, with his name allegedly used by some members of the South African Revenue Service rogue unit to achieve their devious acts, especially the illegal tapping of phones and spying on their opponents.
These are among the startling details revealed in documents that The Star has seen.
This comes as Finance Minister Pravin Gordhan is embroiled in a nasty battle with current Sars head Tom Moyane over the former’s alleged role in the establishment of the spy unit.
Last month, the Hawks sent Gordhan 27 questions and issued an ultimatum of 4pm on Wednesday. The questions relate to the time Gordhan spent as commissioner at Sars and his alleged involvement in the controversial High Risk Investigative Unit, which also stands accused of illegal spying tactics.
Gordhan, however, missed the deadline, citing lack of time because of his preparations for the Budget speech.
The details of the illegal machinations around Sars are revealed in a letter that Hawks boss Major-General Berning Ntlemeza wrote to State Security Minister David Mahlobo, briefing him about the progress of the investigation into the controversial unit.
In the letter, dated January 20, 2016, Ntlemeza revealed how the offices of the now defunct Scorpions (now the Hawks) were bugged by the rogue Sars unit.
The police documents show that at the time of the investigation against then national police commissioner Jackie Selebi and convicted drug dealer Glenn Agliotti, a unit member – known as”Skollie” – used Mbeki’s name to force members of the unit to do what he wanted to.
“Skollie”, the documents allege, insisted that meetings to monitor the Scorpions should be bugged because Mbeki wanted to “know what the Scorpions had against Selebi and whether there was any other high-ranking official that would be arrested”.
Contacted for comment, Mbeki’s spokesman Mukoni Ratshitanga said he “doesn’t have any idea what he (Ntlemeza) is talking about”.
In his letter, Ntlemeza further wrote that an operational specialist at Sars had disclosed that he was in October 2007 requested by the head of the “rogue” Sars unit to transcribe a video/audio CD at his house in Irene, Centurion.
However, when the specialist realised that the “video and audio images” were obtained from cameras which were installed at the Scorpions offices in Silverton, he asked if there was any authorisation for the operation.
“He responded that Mbeki and Ivan Pillay were aware of the operation,” Ntlemeza wrote. Pillay is a former Sars deputy commissioner who was accused of running a “rogue” unit at Sars. He resigned last year and the charges against him were withdrawn.
“He (member of the unit) did the first transcription on October 3, 2007 and the last one on November 28, 2007,” the document states.
The agent also claimed Skollie had, on two occasions, requested him to deliver transcriptions from the Scorpions’ offices to Pillay’s house.
According to the document, preliminary investigations showed that theft of information from the National Prosecuting Authority offices was initiated on a request by Skollie upon discovering the investigation by members involved in the investigation of Selebi. The interception and monitoring was carried out under project code “Sunday Evenings”.
The document also shows that Mbeki was aware that communications of the Scorpions investigators who were involved in operation “Bad Guys” were intercepted.
In the letter, there are also allegations that Mbeki, then finance minister Trevor Manuel and Gordhan were aware of the bugging. Manuel and Gordhan have repeatedly distanced themselves from the unit.
Among those who face arrest in connection with the alleged spying and related devious acts are eight members of the rogue Sars unit.
In the letter, Ntlemeza stated that the police investigators believe they have prima facie evidence of the contravention of the Regulation of Interception of Communications and Provision of Communications-Related Information Act, 2002 (Act 70 of 2002).
During a briefing in Parliament on Wednesday, Police Minister Nathi Nhleko said the unit was unlawful and there was prima facie evidence that it abused its power.
Pillay denied allegations that the Sars unit “bugged President Jacob Zuma, gave certain taxpayers preferential treatment, infiltrated taxpayers, broke into homes and planted listening devices and the like”.
“We are left with no option than to seek legal advice,” he said.
Additional information by Sydney Morweng, news editor.
