BusinessDay.gif

 

 

SARS pair fights back in 'rogue unit' case

 

 

Natasha Marrian, Business Day, Johannesburg. 2 December 2015

 

Advocate Rudolf Mastenbroek, who formed part of a committee appointed by
Finance Minister Nhlanhla Nene to advise him on the South African Revenue
Service (SARS), was severely conflicted, an explosive affidavit lodged with
the Press Ombudsman has revealed.

 

Mr Mastenbroek was part of retired judge Frank Kroon's committee mandated
with fixing the problems at the revenue service.

 

The committee has since found that the contentious "rogue unit" at the
revenue service was illegal.

 

The explosive affidavit, lodged by former senior investigative reporter
Pearlie Joubert was read out on Tuesday during a press ombudsman hearing
initiated by counsel for former deputy commissioner Ivan Pillay and former
SARS head of investigations Johann Van Loggerenberg.

 

It said Advocate Mastenbroek had tried to get damaging stories - falsely
implicating the two officials - published before his appointment to the
committee.

 

Mr Pillay and Mr van Loggerenberg have complained to the ombudsman about a
story published in the Sunday Times last month, containing further
developments in the long-running saga surrounding the "rogue unit".

 

Both men resigned from SARS after the disclosures about the "rogue unit"
rocked the tax agency, resulting in a wide-ranging overhaul of the
organisation.

 

If proven to be true, the allegations could raise doubts on the veracity of
the committee's findings and dent the Sunday Times's image severely. The
ombudsman will deliver his ruling on the Sunday Times matter next week.

 

Advocate Mastenbroek is former Sunday Times editor Phylicia Oppelt's former
husband.

 

The Kroon committee had rubber-stamped findings by an earlier investigation,
which found "prima facie evidence" that the unit was unlawful.

 

In her affidavit, Ms Joubert alleged that Mr Mastenbroek, himself a former
SARS employee, had sought in 2013 to get her to write certain stories in the
paper, accusing Mr Pillay and Mr Van Loggerenberg of protecting the African
National Congress and its members in the course of their duties at SARS.

 

Ms Joubert said she had raised concern about the issue to Ms Oppelt, but
subsequently noticed that the paper was running stories on a "rogue unit" at
SARS.

 

She again expressed concern over the "veracity and accuracy" of the stories.

 

Ms Joubert said she became "particularly concerned" when Mr Nene appointed
Mr Mastenbroek to the SARS advisory panel.

 

"In my mind, Advocate Mastenbroek had already demonstrated to me in 2013
that he disliked (Mr Van Loggerenberg and Mr Pillay) and was then already
attempting to advance allegations against them in the media.

 

"In my mind, he should have excused himself from the board on the basis that
he was severely conflicted," she said. Advocate Mastenbroek had displayed a
"direct, personal bias" against the two former SARS officials as far back as
2013 and the Sunday Times stories were "false" and appeared to be
"orchestrated", she said.

 

"I resigned . because I was not willing to be party to practices at the
Sunday Times which I verily believed to have been unethical and immoral," Ms
Joubert said.

 

At Tuesday's hearing, Sunday Times investigative journalist Piet Rampedi,
under whose name some of these stories appeared in the paper, said he had
never met Mr Mastenbroek and Ms Joubert's "beliefs were not fact".

 

Contacted on Tuesday, Advocate Mastenbroek declined to "comment at this
stage". Judge Kroon said he did not know the basis of any of the
appointments to the committee, but added that he did not want to comment on
mere allegations.

 

Times Media MD Andrew Gill said last night Ms Joubert's allegations were not
true.

 

 

From:
<http://www.bdlive.co.za/business/2015/12/02/sars-pair-fights-back-in-rogue-
unit-case>
http://www.bdlive.co.za/business/2015/12/02/sars-pair-fights-back-in-rogue-u
nit-case

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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