The South African Revenue Service (SARS) has again objected to evidence on its alleged "rogue unit" being presented at the constructive-dismissal hearing of former spokesman 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.
Lackay, who worked at SARS for 11 years, has taken SARS to the Commission for Conciliation, Mediation and Arbitration (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 wants the CCMA to order SARS to pay him 12 months salary in compensation.
The hearing began on Monday with Lackay describing of the work he did for the tax agency.
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, sketched the "context" under which SARS was operating at the time, introducing questions on the establishment and the legality of the "rogue unit".
Lackay is among former SARS staffers who say the establishment of the covet unit was above board and had ministerial approval.
He told the commission that 55 senior SARS executives and officials had left the institution from the end of 2014 to 2016, including former deputy commissioner Ivan Pillay and former chief operating officer Barry Hore.
He also 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.
Lackay told the commission that in 2009 an "intelligence dossier" on "Project Snowman" was distributed to the media. It alleged that the unit spied on politicians.
Lackay said his responsibility at the time was to respond to media inquiries on the dossier.
He told the commission that he had carried out this responsibility by denying allegations contained in the dossier, with the approval of his seniors at SARS.
He described his relationship with his managers at the time as "good" and "a constructive relationship based on trust".
Before breaking for lunch on Monday, Lackay was asked if the "attack", the leaking of the "intelligence dossier" was isolated.
Lackay said: "It was not isolated. Our experience typically was that a dossier like this would see the light of day ... the information would mutate leading to new allegations."
The hearing continued.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.