“In the spirit of fairness, I have decided to grant Minister Gordhan the extension he has requested so that he may have a reasonable opportunity to gather the information I need as some of it goes a few years back,” said Mkhwebane in a statement.

The Public Protector acceded to Gordhan's request, issued on Monday, for an extension of the deadline regarding the affidavit and supporting evidence he was due to submit to Mkhwebane by Tuesday [April 23].

Mkhwebane is probing allegations of improper conduct, a violation of the Executive Ethics Code, irregular and unlawful activities by Gordhan, during his tenure as commissioner at the South African Revenue Service (SARS).

The Public Protector said her office will subpoena the records in question directly from SARS, and that she "banks on the undertaking from Acting Commissioner, Mr. Mark Kingon, that SARS recognises her office as an independent constitutional institution as well as that he appreciates SARS’ constitutional obligation to assist the office".

Should her office not be furnished with the required information held by SARS and, as a last resort, Mkhwebane said she will invoke the Public Protector Act, particularly contempt proceedings.

"The Act makes it clear that any person who, without just cause, refuses or fails to comply with a direction or request under section 7(4) or refuses to answer any question put to him or her under that section or gives to such a question an answer which to his or her knowledge is false or refuses to take the oath or to make affirmation at the request of the Public Protector in terms of Section 7(6), shall be guilty of an offence," said the Public Protector.

"Moreover, section 11(4) of the Act provides that 'any person convicted of an offence in terms of this Act shall be liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding 12 months or to both such fine and such imprisonment”.

Mkhwebane said her office has received allegations that shortly after the implicated parties were served with subpoenas, SARS held a meeting which was attended by most of the parties and that, at the meeting, the responses she received from SARS and Gordhan "were coordinated".

Mkhwebane is investigating a complaint laid by EFF deputy president Floyd Shivambu regarding the "rogue unit" that allegedly operated at SARS while Gordhan headed the revenue service. 

Gordhan has requested the extension, saying the seven- day period he had been given was not sufficient for him to supply an expansive affidavit regarding Mkhwebane's probe.

ANA