Batohi withdraws charges against 3 implicated in so-called SARS Rogue Unit saga

In a statement, Batohi 's office says the NDPP has informed relevant prosecutors and the lawyers representing the accused of this decision.

Pillay and Van Rensburg were charged with the alleged contravention of Section 49(1) of the Regulation of Interception of Communication and Provision of Communication Related Information Act, No 70 of 2002 (Count 1). 

"The essential allegations are that Pillay and Van Rensburg authorised the installation of surveillance equipment at offices of the Directorate of Special Operations (DSO) in the National Prosecuting Authority (NPA), and the interception of communication at those offices, without an interception direction," Batohi explained. 

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Pillay and Van Loggerenberg were charged with the alleged contravention of Section 10 of the Prevention and Combatting of Corrupt Activities Act, No 12 of 2004 (Count 2). 

In the alternative, they were charged with contravening section 3 of the said Act. 

"The essential allegations are that Pillay and Van Loggerenberg, whilst in the employ of SARS gave, or agreed to give, to a certain individual (name withheld) an unauthorised gratification of approximately R100 000 in cash, in relation to the exercise or performance of the said individual’s powers duties and functions within the scope of his employment relationship. In the alternate charge, Pillay and Van Loggerenberg are alleged to have given or agreed to give to the said individual, an illegal gratification," said Batohi. 

She went on to say: "This matter has since been the subject of protracted litigation and communication between the Defence and the NPA."

She says the NDPP appointed a Review Panel to consider the matter and to provide her with an opinion and recommendations. 

The Panel comprised Director of Public Prosecutions, Mr. Barry Madolo, Acting Director of Public Prosecutions, Adv. Indra Goberdan, and Deputy Director of Public Prosecutions, Adv. Adrian Mopp.

"After a careful assessment of the evidence and other relevant material, the unanimous conclusion of the Panel in respect of all counts is that there are no reasonable prospects of a successful prosecution. The Panel recommends that all charges against the accused be withdrawn," said Batohi. 

She added: "instituting or maintaining criminal proceedings, a prosecutor should proceed only when a case is well-founded, upon evidence contained in the police case docket reasonably believed to be reliable and admissible, and should not continue such proceedings in the absence of such evidence, that is if there is no prima facie case."

She concluded: "The NDPP has carefully considered the Panel’s report, the evidence and other relevant material, and held discussions with the panel. The NDPP agrees with the Panel that there are no reasonable prospects of a successful prosecution in this matter. As a result, the NDPP has decided that charges against all the accused will be withdrawn."