Former SARS Deputy Commissioner Ivan Pillay and Group Executive Johann Van Loggerenberg on Thursday each spent two hours speaking to the Hawks in Pretoria after being summoned for the issuing of warning statements regarding an investigation into a SARS intelligence-gathering unit. The pair were called to give statements along with Finance Minister Pravin Gordhan and the initial head of the investigative unit, Andries van Rensburg.

Only Gordhan declined to meet the SAPS’s priority crimes team’s detectives.

When Pillay and van Loggerenberg emerged from the Hawks’ offices, they reportedly declined to comment to the media, but found a handful of civil society leaders who have rallied behind them, calling the continued investigations reckless and set to undermine governance in pursuit of factional and financial interests. It also emerged on Thursday that the Hawks have added another name to its interview list: former SARS commissioner Oupa Magashula said he has given a statement to the Hawks.

“It’s wonderful, thank you very much – not just to the people who came but also the people who continuously send us messages. I have received thousands of messages since yesterday. Thank you very much to everybody,” Van Loggerenberg was quoted by Eyewitness News as saying. Their lawyer said they would continue to follow due process, but believed the allegations were unfounded.

They relate to the “rogue unit” established by SARS in 2007 to focus on high-risk tax, smuggling and customs investigations. It’s accused of illegal intelligence gathering, spying on prominent taxpayers, and bugging state offices. While the Hawks investigate the matter, critics claim it’s being used by factions of the state and ANC to remove Gordhan and appoint a new finance minister to influence Treasury decisions.

Among the civil society leaders outside the Hawks’ offices was Section27’s Mark Heywood and Advocate George Bizos, who said the situation is of concern for the country’s justice and legal systems and he hopes the potential prosecutions can be curtailed. Representing Freedom Under Law, former Constitutional Court Justice Johan Kriegler noted Pillay’s history of activism within the ANC and said he was being victimised by petty people for extreme motives.

The Helen Suzman Foundation, which also showed its support, said the charges were baseless and aimed at discrediting Gordhan and his former colleagues, while taking a damaging toll on the economy.

“We know that, whatever the motives, the agency being primarily used to pursue the campaign is the Hawks, which is headed by a man whose appointment and fitness for office are currently being challenged in the courts. So is the hounding from office of his predecessor and the effective destruction of the senior command structure of not only the Hawks but of IPID and, even more ominously, the National Prosecuting Authority itself,” the Helen Suzman Foundation said. The organisation has taken the appointment of Hawks’ head Mthandazo Ntlemeza to court after a judge in 2015 said he had lied under oath and was dishonest.

About 70 economics academics on Thursday also expressed their concern in a letter. It follows another letter written after Nhanhla Nene was replaced as finance minister last year by Des van Rooyen. Everyone is equally subject to the rule of law, the academics stated, but the Hawks have been unrelenting in pursuing Gordhan since his appointment. They said:

“With predictions of zero growth in 2016, stubbornly high unemployment, persistent poverty and inequality, and a volatile currency, this is not the time, if there ever was, to be playing such dangerous games with the lives and well-being of all sectors of our economy and society, especially the poor and the vulnerable.”

They called on “real leaders” in the ANC, Cosatu and SACP “to stand up to the tyrannical and despotic behaviour on display here because yet again we stand on the edge of an economic precipice”.

A statement from the Presidency on Thursday said President Jacob Zuma expressed his support and confidence in Gordhan, noting the minister has not been found guilty of any charges.

“The broader speculation linking these investigations to government and state-owned institutions are equally unhelpful and they are also false and misleading,” said Zuma’s spokesman Bongani Ngqulunga. He was referring to claims that Gordhan is under attack for questioning deals at state-owned entities that are seen as beneficial to Zuma’s allies.

“The Presidency wishes to also emphasise that President Zuma does not have powers to stop any investigations into any individual/s. Our constitutional democracy, the strength of our state institutions and the effectiveness of our courts in upholding and protecting rights is our guarantee of justice and fairness.”

The economic and personal impact of the issue might be disturbing, he continued, but Zuma cannot intervene unconstitutionally. The ANC as yet hasn’t issued a statement on the issue.

The ANC Youth League on Thursday asked Gordhan to co-operate with the Hawks investigation to bring stability to the economy. It said it believes that in time he will be cleared of the charges.

“The whole world is taking note of the developments. The confidence they have in our country’s economic resilience will be compromised if no one is level-headed,” said the League’s Mlondi Mkhize in a statement.

Professor Pierre de Vos, a University of Cape Town constitutional law teacher, used social media on Thursday to point out that the president could suspend the head of the Hawks if he thinks he has flouted the law and abused his position.

Gordhan declined the Hawks’ request to give a warning statement at 14:00 on Thursday, claiming their allegations were baseless and he had already responded to their questions. Instead, the minister attended the memorial for the late Reverend Makhenkesi Stofile, an ANC veteran. He listened to former foreign affairs director general Sipho Pityana bring politics back to the issue of the president. “No less than a person who is president of our movement and our country takes every opportunity to show nothing but disdain and contempt for our Constitution,” said Pityana.

At the same event, Deputy President Cyril Ramaphosa repeatedly noted how in “moments like this”, probably in reference to the ANC’s introspection after its loss of key metros in the local government elections, ANC members with integrity needed to stand up above self-serving interests. DM

Photo: Former SARS deputy commissioner, Ivan Pillay (R) arrives at the head offices of the Hawks police unit after South African Finance Minister, Pravin Gordhan, failed to appear before the South African Police Forces offices in Pretoria, South Africa, 25 August 2016. The former South African Revenue Services head, Pravin Gordhan, current finance minister, has rejects allegations against him during his time as revenue services head. The police unit Hawks are investigating an alleged rogue spy unit set up within SARS while Gordhan was it’s head. EPA/KIM LUDBROOK