'Criminal conduct': Mkhwebane guns for Kieswetter, Gordhan, and ex-SARS bosses over IT contract.

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SARS commissioners, dating back to Pravin Gordhan, were implicated in "improper conduct and maladministration" regarding an IT contract, according to Public Protector Busisiwe Mkhwebane.

• SARS utilized a Treasury policy to avoid following standard procurement procedures, but Mkhwebane said she "could not find convincing reasons for them to do so."

• Normally, the public protector may only investigate a complaint two years after it occurs, but Mkhwebane said she was departing from that rule due to "exceptional circumstances."The Hawks should investigate alleged illegal activity by current and former SA Revenue Service employees, according to Public Protector Busisiwe Mkhwebane.

·          On Friday afternoon, less than three hours after the State Capture Inquiry released its latest report, which found that Gordhan was instrumental in resisting the Guptas' takeover of Treasury, Mkhwebane released her report on SARS' 2006 contract with software firm Budge, Barone & Dominick (BBD).

·         Mzwanele Manyi, a former government spokesperson and current Jacob Zuma Foundation frontman, filed a complaint alleging "maladministration, unlawful behavior, and procurement irregularities" in 2016.

·         "Mr Gordhan's actions as then-SARS commissioner and accounting officer in sanctioning BBD's appointment constitute improper conduct as defined by the Constitution and maladministration as defined by the Public Protector Act," says the report. Mkhwebane.

·          improper behavior as defined by the Constitution and maladministration as defined by the Public Protector Act," according to Mkhwebane's report.

·          She also recommended that the Finance Minister and the Auditor-General consider remedial actions, that the contract be reviewed and then not extended at the end of the year, and that a tender process for a replacement be launched.

·          SARS used a specific Treasury regulation, which allows for deviation from normal procurement processes without the need to put it out to tender, but Mkhwebane disagreed.

·          She also recommended that the Finance Minister and the Auditor-General consider remedial actions, that the contract be reviewed and then not extended at the end of the year, and that a tender process for a replacement be launched.

·          Her application for an interdict against President Cyril Ramaphosa halting her and Parliament's impeachment procedure was postponed earlier this week.

·         The Constitutional Court effectively gave Parliament the go-ahead to proceed with the impeachment in February. Mkhwebane has petitioned the Constitutional Court to have the order revoked.



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