Revenue Service studying Public Protector report, as Gordhan vows legal challenge

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The SA Revenue Service says it is studying Public Protector Busisiwe Mkhwebane's report into the early retirement and re-employment of the tax agency's former deputy commissioner Ivan Pillay.

Mkhwebane released the report and the results of a number of other investigations on Friday afternoon.

She found that current Minister of Public Enterprises Pravin Gordhan, who was minister of finance in 2010, should not have approved Pillay's early retirement with full benefits and subsequent re-employment. She said President Cyril Ramaphosa must take appropriate disciplinary action against Gordhan for violating the Constitution.

The president must submit an implementation plan for the remedial action within 30 days. 

In a short statement on Saturday morning SARS said it had noted the report and was studying it, without elaborating. 

Gordhan has already said he intends to immediately institute review proceedings, saying the findings are "totally wrong both in fact and in law".

In a statement on Friday evening the minister's legal team said its latest submission to Mkhwebane appeared not to have been taken into account when she made her findings.

"In light of the most recent judgment in relation to the Vrede Dairy Project, Minister Gordhan is of the view that the Public Protector has once again erred in her findings and proposed remedial action. We are instructed to institute review proceedings immediately," states his lawyers.

The EFF, meanwhile, has urged Ramaphosa not to reappoint Gordhan to his Cabinet in light of the findings, while trade union federation Cosatu said the president should set aside all Mkwebane's reports until her competency and trustworthiness has been ascertained. 

The president is expected to announced a slimmed down Cabinet after his inauguration, which is taking place on Saturday at at Loftus Versfeld Stadium in Pretoria

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