SARS objects to rogue unit evidence in Lackay hearing

SARS has objected to evidence on its alleged ‘rogue unit’ being presented at the constructive dismissal hearing of former spokesperson Adrian Lackay. Lackay left SARS in February 2015 after the suspension of senior executives and amid the furore over the unit which continues to stalk the agency’s former executives, including former commissioner and current Finance Minister Pravin Gordhan, notes a BusinessLIVE report. Lackay, who worked at SARS for 11 years, has taken SARS to the CCMA, claiming constructive dismissal. He said he was forced to resign as his continued employment became untenable after the appointment of commissioner Tom Moyane. He told CCMA arbitrator Joyce Nkopane that the ‘severely strained’ relationship between him and Moyane created a lot of ‘fear and anxiety’ in him about his position. His post was advertised while he was employed there, and others were assigned to perform what were previously his responsibilities. Lackay’s counsel, Paul Pretorius SC, introduced questions on the establishment and the legality of the ‘rogue unit’. Lackay is among former SARS staffers who say the establishment of the unit was above board. He said the unit, dubbed ‘rogue’ in the media, was set up ‘formally’ with the approval of management, of then commissioner Gordhan and then Finance Minister Trevor Manuel. SARS counsel Wisani Sibuyi objected when Lackay was asked if state security agencies were consulted when the unit was formed. Sibuyi objected to the questions on the formation and existence of the rogue unit, arguing that Lackay did not form part of or work for the unit. But Pretorius said Lackay had to deal with the media who were interested in the unit but was sidelined, even though he had dealt with queries on the unit in the past.