Davis praised Gordon as the man who thwarted a state takeover at a time when most others remained silent. (Photo: Leon Sadiki/Bloomberg via Getty Images)
Judge Dennis Davis on Monday said it was outrageous that some politicians at the forefront of corruption had questioned the reputation of former minister and former South African Revenue Service (SARS) director-general Pravin Gordhan.
Mr Davis was speaking at a memorial service for Mr Gordon held by SARS in Pretoria.
Mr Davis said it was “outrageous” that Mr Gordon had been treated so badly by “populist politicians, people who are in fact at the forefront of corruption and who have the audacity to call into question the reputation of someone who I consider certainly a constitutional citizen”.
Following Gordon's death, the Economic Freedom Fighters said his legacy was one of failure, exploitation and corruption, adding that the party “will not shed a tear for someone like Pravin Gordon”.
“He may die committing his crimes without being punished,” the party argued.
The EFF has also been at the forefront of accusing Gordhan of running a so-called rogue unit at SARS and targeting politicians such as EFF leader Julius Malema.
The party also accused the former minister of presiding over a “most disastrous” period during his time as minister for public enterprises.
In an investigation later dismissed by the Constitutional Court, former public protector Busisiwe Mkhwebane accused Gordon of setting up an illegal intelligence unit at SARS in 2007 when he was tax director.
In 2018, Mkhwebane received a complaint from then EFF deputy chair Floyd Shivambu, who alleged that Gordon had “deliberately established an intelligence unit in contravention of South Africa's intelligence laws”.
Shivambu's claim is based on a 2014 report by a committee chaired by lawyer Mzi Sikakhane.
The EFF leader has close ties to suspected cigarette smuggler Adriano Mazzotti, a longtime donor to the party and one of the targets of SARS, which cracks down on the illegal tobacco industry.
SARS does not receive any revenue from smuggled tobacco or cigarettes.
Davis praised Gordon as the man who thwarted a state takeover at a time when most others remained silent.
“[Gordhan] He is effectively the leader of the opposition in South Africa and we must never forget that role because it is a role that must be played to preserve democracy.”
Former finance minister Trevor Manuel said the SARS “rogue unit” allegations “were the start of an onslaught against Mr Gordon”.
Manuel said the unit had been set up to understand how abalone, which locals do not eat, was being caught off the south coast of the Western Cape and smuggled out of the country.
“Now that we know how the abalone got out, we know how the drugs and counterfeit goods got in, so we needed to improve that. Ivan [Pillay] and [Johann] “Mr Van Loggerenberg and people said this issue is indicative of other issues and needs to be addressed,” he said.
Manuel said the need for triangulation of information on money laundering, counterfeiting and other organized crime activities had been identified.
“If we understand what's happening with the money, who's bought what cars with what funds, who's bought real estate with what funds, what's happening with their bank accounts … then with that information we can work towards a tax system that is perceived as fair,” Manuel said. “That quality of leadership is something we have to take very seriously.”
Manuel said the force's operations had put it in direct conflict with criminal gangs that had responded by using false information.
“And so the idea of a rogue intelligence unit was born, but the rogue intelligence unit, as they called it, was simply saying that if SARS wanted to expand its operations and get people to pay tax, there had to be a fair sense of taxation,” he said.
“In many ways it was the beginning of an onslaught on Mr Pravin, the beginning of an attempt to dismantle the tax office and the beginning of the destruction of a friendship.”
Former Treasury secretary Ismail Momoniat said SARS “meant a lot” to Gordon and that was why it was so painful to see the tax collection service he had spent more than a decade building quickly brought to the brink of collapse by “the wrong people”.
Momoniat also denied the existence of the rogue unit and described it as an “attack” on SARS.