Setting aside of the 2014 Inspector-General of Intelligence Report
9 June 2020
Our client, Mr Johann van Loggerenberg has requested us to issue the following statement to the media for immediate release.
On 15 November 2019 our client became privy to a redacted and declassified report by the Chapter 11 Constitutional oversight body of the State’s intelligence services, the Inspector-General of Intelligence ("IGI"), when it was made available to the Public Protector of South Africa ("PP") in a redacted and declassified format by the Ministry of State Security.
On the same day, our client issued a public statement (/politics/i-shall-demonstrate-reports-lies-and-coverups--joh) announcing that he would apply to court to have this report entitled: "Report on investigation into Media Allegations against the Special Operations Unit and/or Other Branches of the State Security Agency" dated 31 October 2014 reviewed and set aside.
Our client stated at the time, that the report was "nothing but a concoction of lies, disinformation, fraudulent claims and a complete cover-up of evidence and facts that implicate persons associated with the State Security Agency, its Special Operations Unit and other branches, as well as other state intelligence operatives and private entities and persons associated with the "Services". It also purports to express ‘findings’ and ‘recommendations’ of and to the South African Revenue Service which are mala fide and ultra vires."
On 4 December 2019, our client launched an application in the North Gauteng High Court to review and set aside the report.
Both the Minister of State Security and the IGI served notices to oppose our client's application. However and notwithstanding being afforded ample opportunity to file relevant records, and to answer to the facts and evidence put up under oath by our client, neither the IGI nor the Ministry of State Security did so. Instead, through the Office of the State Attorney, settlement was sought with our client through our offices.
On 8 June 2020, the Gauteng High Court, by agreement made an order, reviewing and setting aside the impugned report. In addition, the IGI and Ministry of State Security were ordered to pay the legal costs of our client on an unopposed basis, jointly and severally, the one paying the other to be absolved.
In light of the above, our client further requested us to publicly record as follows on his behalf:
1. Our client has always, since May 2014 and later October 2014, acted in good faith as a whistleblower, in the interests of justice, the public, the South African Revenue Service ("SARS") and former and current officials (and their families) who have been traumatised and harmed beyond comprehension.
2 Like many others, our client has always had to engage and litigate at his own cost against other parties who have had access to big purses and taxpayer funds.
3 Our client calls upon the South African Police Service ("SAPS") Detective and Crime Intelligence divisions, SARS, Directorate of Priority Crimes Investigations ("DPCI/Hawks"), State Security Agency ("SSA"), IGI and National Prosecuting Authority ("NPA") to immediately act against those (current and former) employees (and operatives), as well as their co-conspirators in the media and private security companies and the tobacco industry, that our client (and others) substantively and directly implicated in very serious criminal offences and the advancement of rogue activities that undermined SARS, its staff, investigations and audits. This naturally includes all past and current staff and contractors that continued to prevent the truth from surfacing, suppressed evidence of criminality, defeated the ends of justice and advanced the bogus "rogue unit" propaganda.
4 Our client further calls upon those implicated and involved, to the extent that they have any conscience, and those that may have been misled and duped to play along to advance the State Capture of SARS and further other nefarious political agendas, to contact the relevant authorities immediately. The entire country has suffered as a result of the bogus "rogue unit" propaganda.
5 Our client further calls upon the Commissioner for the SARS to act in a manner that will ultimately put the entire nightmare to bed once and for all, since the matter will continuously be abused and brought up whenever it suits some or other nefarious agenda or motive to the detriment of the institution, its staff and the fiscus. Our client has instructed us to urgently engage with the SARS, and any other relevant parties, with a view to seek closure on any outstanding matters in this regard.
6 Our client is appreciative for the IGI, State Attorney and Ministry of State Security ultimately doing the right thing.
Yours faithfully
Werksmans Inc, 9 June 2020
