South Africa


Van Loggerenberg lodges complaint about classified report distributed by EFF’s Floyd Shivambu

Van Loggerenberg lodges complaint about classified report distributed by EFF’s Floyd Shivambu
From left: Suspended Public Protector Busisiwe Mkhwebane. (Photo: Gallo Images / Netwerk24 / Felix Dlangamandla) | Economic Freedom Fighters deputy president Floyd Shivambu. (Photo: Leila Dougan) | Former SARS official Johann van Loggerenberg. (Photo: Gallo Images / Alet Pretorius)

Former SARS official Johann van Loggerenberg, one of several civil servants targeted by suspended Public Protector Busisiwe Mkhwebane, has lodged a formal complaint with the Registrar of Parliament.

In a statement on Sunday, former SARS official Johann van Loggerenberg said evidence that Economic Freedom Fighters MP Floyd Shivambu had handed a 2014 classified Office of the Inspector-General of Intelligence (OIGI) report to Mkhwebane as far back as 2018, rendered Shivambu a “rogue” member of Parliament.

We cannot have a situation where rogue members of Parliament abuse their platform and taxpayer-funded activities to break the country’s laws,” said Van Loggerenberg.

He said evidence given on 25 August by Ponatshego Mogaladi, the former executive manager of investigations in the Public Protector’s office, directly implicated Shivambu “in rogue and illegal activities”.

“I have today lodged a formal complaint with the Registrar of Parliament, as provided for in a process for this purpose and as is my right,” said Van Loggerenberg.

Mogaladi testified that it was Shivambu who had emailed and WhatsApped the classified report to her after he had lodged a complaint with the Public Protector.

The report originated on instruction from the former minister of state security David Mahlobo, who requested that the then intelligence inspector-general, Faith Radebe, investigate the State Security Agency (SSA) and its Special Operations Unit (SOU) which had been implicated in an attack on the SA Revenue Service (SARS).

‘Untold harm’

“That document [the report] caused untold harm to people and institutions and had been kept away from the very people who would have been able to dispose of it, had they been afforded sight of it,” said Van Loggerenberg.

The Radebe report on which Mkhwebane built her SARS “rogue unit” case targeting former minister of finance Pravin Gordhan as well as Van Loggerenberg and other officials, has been declared null and void by the courts.

Mkhwebane went to extraordinary lengths in an attempt to get the Radebe report declassified so that it could be weaponised. She even visited the then inspector-general (IG) of intelligence, Setlhomamaru Dintwe, attempting to strong-arm his office into releasing it to her.

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In a meeting in 2019, Mkhwebane informed the inspector-general and his officials that the report “had been dropped off in the foyer” of her offices in Pretoria. She continued to maintain that she had never been in possession of the classified report.

However, after Mogaladi’s evidence proved that Mkhwebane did indeed have a copy of the IG’s report, Mkhwebane turned the argument on its head.

Replying to questions from Section 194 committee members, Mkhwebane stated that she had top-secret clearance and that there was nothing in law that prevented her from being in possession of the document. That she received it from Shivambu, an MP, is the issue Van Loggerenberg has taken to Parliament.

Report ‘illegally and unlawfully’ distributed

Van Loggerenberg said Shivambu would have been “unlawfully and illegally placed in possession of the IGI SSA SOU report as far back as 8 December 2018. 

“How he then came to be in unlawful and illegal possession of this report, only he can (and should) answer to and account for publicly. It would also mean that Mr  Shivambu then, once in unlawful and illegal possession of the IGI SSA SOU report, went one step further and illegally and unlawfully distributed the report via WhatsApp text to the Office of the Public Protector.” 

Shivambu, added Van Loggerenberg, and by implication, others who had “received and used these classified records in a secretive manner, with total disregard for the rights of current and former civil servants and their families, acted at worst illegally and at best unlawfully”. 

This could not be left “unchallenged for the sake of the integrity of our Parliament and its members, and to protect the rights of all those that had been affected”.

He said it was a matter of public interest and in the pursuance of justice that MPs “behave (and be seen to behave) beyond reproach. Where some do not, it is incumbent upon us all, regardless of who we are, to take a stand against it.”

Van Loggerenberg said the parliamentary process afforded Shivambu a period of seven days in which to reply, after which the relevant authority within Parliament needed to decide on the matter.

“I have asked to be afforded a right of reply to Mr Shivambu’s response. I have reserved my rights to take the matter further at any necessary and relevant platform if need be,” said Van Loggerenberg. DM


Comments - Please in order to comment.

  • Malcolm McManus says:

    Good man, now lets hear what Floyd and his partner Julius have to say. I expect something spectacular and nonsensical. Then again, perhaps they don’t believe they need to bother to respond. They appear to be above the law by all accounts.

  • Dennis Bailey says:

    Can the registrar of Parliament recommend prosecution? Is the registrar another ANC stooge? In other words, does a formal complaint have any teeth? (Public flogging, confiscation of EFF lollipops, that sort of thing).

  • Gerrie Pretorius says:

    This unlawful and illegal act of the eff and fs, together with the ‘spy tapes’ saga, should be criminally investigated by SAPS. It is however just pie in the sky daydreaming I know. The anc government will under no circumstances take the ethical route against any of their cadre deployees. Should that take place across the board they will have no members left to feed with impunity at the trough of taxpayers funds.

  • Hilary Morris says:

    congratulations to a brave man. I hope Mr van Loggerenberg has taken adequate steps to ensure his own and his families safety. He’s not dealing with people who respect the law.

  • Frans Ferreira says:

    The Afrikaans for Plan of Action (PoA) is PVA, Plan Van Aksie, but also a type of paint. I suppose this matter will be painted over with PVA and NO further consequences.

  • Cunningham Ngcukana says:

    The issue here is a witness who claims to have known of illegality and goes to the committee and says so years after the incident. This witness with all the knowledge and qualifications decides to get into the Section 194 Committee to use the information against the Public Protector and fails to explain why did she keep quiet all these years. As Joe Public we are now mobilised to fight some of the battles of other people when the witness ought to be arrested for concealing a crime. The question of how an intelligence report that ought to have been restricted landed in the hands of people who ought not to have it is a matter not of concern but the person who received. Well some of us do not have a low coefficient of thinking. We have not heard the state security services responding on this one but we have heard all sorts of denials on Phala Phansi from the prospective criminal whom Zondo has asked to be dismissed and prosecuted called Zizi Kodwa and one Mondli Gungubele. The complaint holds no water and Shuvambu has a right to a Ramaphosa no – answer.

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