The Public Protector Busisiwe Mkhwebane support the Economic Freedom Fighters(EFF), arguing that a 2014 classified report, which found the so-called SARS “rogue unit” was unlawful, should be made public.
EFF is opposing a bid by State Security Minister Ayanda Dlodlo to stop the classified report, compiled by the Inspector General of Intelligence (IGI), from being made public.
The report itself is controversial, as it is largely based on information from State Security Agency (SSA) operatives implicated in discrediting SARS officials.
In her affidavit filed in the Gauteng High Court in Pretoria, Mkhwebane said the “applicant” promised to give her a declassified copy of the report as part of her separate investigation into the “rogue unit”, but that it “failed to deliver”.
Dlodlo is the “applicant” in the matter and In court papers, She said: “The document does not lose its classification merely because it has been disclosed in the public domain.”
The EFF has since released the classified report on its website and this followed a separate Equality Court ruling in an attempt by Public Enterprises Minister Pravin Gordhan to have the report struck from the record.
Meanwhile the NPA declined to prosecute the complaints.