Pillay has not received notice of criminal proceedings

(SARS) deputy commissioner Ivan Pillay on Monday said he has not received a formal notice of criminal proceedings against him by any law enforcement agency.

Pillay was reacting to revelations at the weekend by the Sunday Times that the Hawks are looking to prosecute Finance Minister Pravin Gordhan for "espionage" over the activities of a so-called "rogue unit" established at SARS, allegedly during his time as commissioner.

The rand slumped to a two-month low on Monday in reaction to the news.

The Presidency has denied that Gordhan faces "imminent arrest"‚ describing the report as being "the work of dangerous information peddlers".

Pillay said those driving the bid to prosecute Gordhan and others at SARS had one objective – "to remove and punish those who are seen to stand in their way".

"I have not received formal notice of criminal proceedings against me by any law enforcement agency‚" he said in a statement.

The Ministers of State Security and Police confirmed in March that the SARS Commissioner had "instituted a criminal complaint against me and other SARS officials in May 2015‚ after I had reached settlement and resigned from SARS‚" said Pillay.

He and the head of strategic planning and risk Peter Richer resigned from SARS last year during the fallout over the "rogue unit".

"The explicit condition of the settlement agreement with SARS was that ‘the parting of ways is mutually beneficial’. In a media statement‚ announcing my resignation on 7 May 2015‚ SARS stated: ‘All SARS initiated charges and related investigations have been withdrawn.’"

It appeared that the Directorate for Priority Crimes Investigation — the Hawks — and the National Prosecuting Authority (NPA) were pursuing a criminal investigation based on the SARS complaint‚ he said.

"My lawyers wrote to the Hawks offering full assistance with any investigation into any SARS matters. Without addressing the merits of potential and‚ as yet‚ unknown charges against me and others‚ I have for the past two years emphatically denied that SARS operated a ‘rogue’ intelligence unit within its enforcement divisions that contravened the laws of our country‚" he said.

"I will continue to deny such allegations and will defend myself before court against such charges‚ which has no basis in fact and in law.

"It is apparent that‚ for those driving this prosecution‚ there is one principal objective – to remove and punish those who are seen to stand in their way. Clearly‚ there is no consideration for the consequences – politically or economically — of such actions on our country‚" he said.

NPA head Shaun Abrahams on Sunday denied that Gordhan was about to be arrested but he acknowledged that a docket had been prepared by the Hawks.

"Yes‚ the Hawks submitted a docket to the NPA recently but no decision has been made‚" he said.

The Times reported on Monday that the docket had been referred back to the Hawks investigators "with guidance".

TMG Digital