Ex-Sars trio make first appearance

Three former officials from the South African Revenue Service (Sars) made their first court appearance on Monday, facing charges of corruption and the unlawful interception of communications.

The charges against Ivan Pillay, Johann van Loggerenberg, and Andries Janse van Rensburg stem from crimes allegedly committed in 2007 and 2008. They maintain their innocence.

Prosecutors accuse Pillay and Janse van Rensburg of commissioning Helgard Lombard to intercept the communications of the National Prosecuting Authority (NPA) and the Directorate of Special Operations (DSO) without the authorisation of a judge in 2007.

Pillay also stands accused of corruption, along with van Loggerenberg, over an alleged R100 000 payment to Lombard a year later.

The prosecution asked the court to set bail at R5000 each, but the court dismissed the application saying there is no evidence before it that any of the officials will attempt to evade justice.

Janse van Rensburg flew in from the Democratic Republic of Congo – where he works – for the court appearance. Pillay similarly returned to South Africa from the Netherlands.

The court released the three on a warning, ordering them to inform the investigating officer when they plan to leave the country and not talk to any of the state witnesses – which includes Jonas Makwakwa, a former senior Sars official who recently resigned amid a criminal investigation.

Speaking to journalists after the case was postponed, attorney for the three, Bernard Hotz, insisted his clients will cooperate fully despite suspecting "ulterior motives".

“My clients feel aggrieved, they feel humiliated that they have been called upon to stand in court to defend themselves in a matter where they believe that unfortunately there’s an ulterior agenda at play,” said Hotz.

But when asked whether the NPA is being used as a political tool, spokesperson Phindi Mjonondwane said, “enrolling the matter… simply means that the prosecutor who went through the contents of the docket detected elements of criminality”.

The NPA has agreed to give the defence access to the docket by April 20. This will help the defence understand what case prosecutors plan to bring.

Mjonondwane said the NPA has been treating the matter with fairness, despite an urgent application by the accused to tell their side of the story – as they have not yet been given an opportunity to do so.

This resulted in an agreement for the three officials to make submissions to the National Director of Public Prosecutions.

Mjonondwane confirmed the NPA is still awaiting their representations.

The matter has been postponed to June 18.